Defective Products
When a consumer product is deemed unsafe, then a product liability lawsuit may arise. This type of lawsuit is a great weapon for consumers who have suffered injuries from certain products. The products range from children’s toys to automotive parts to prescription drugs. While these victims have a right to monetary compensation for their injuries, product liability lawsuits are difficult cases. These cases can be confusing, so consult with an experienced defective products attorney to learn more.
Accountability in Product Liability Suits
The manufacturer of a defective product only wants to protect himself. Many often do not have much concern for the people who have been hurt by their products. Often times, the actual settlements from these cases are not a fair representation of the injuries incurred by the plaintiff or plaintiffs.
There are many different parties who can be held liable for defective or unsafe products. These parties include:
- The product manufacturer
- Distributors of the products
- Store suppliers
- The retailer
- The products advertisers and marketers
- The designers and engineers of the product
Theories in Product Liability Cases
There are three theories that a product liability case includes:
- Negligence theory
- Breach of warranty theory
- Strict liability theory
In regards to the negligence theory, it is required that the victim of the injury be able to prove that defendant had a duty to its customers to provide a product that was safe for everyone. They must then prove that they breached that duty by not guarding their consumers from any potential misuse of the products. They have to prove that their injuries were a direct result of the defendant’s breach of duty.
With strict liability theories, it is not required that the injured parties prove the fault of the manufacturer. However, they must prove that the product was sold with the defendant’s knowledge that the product was dangerous.
Breach of warranty theories require that every product has a warranty that states that it is safe for its intended use. If the product is defective, it is in turn not safe and can constitute the defendant’s breach of warranty.
If you or a loved one has been injured by a defective product, you may have a claim. Please contact the office of Jacoby & Meyers, LLC to set up a free consultation with an experienced defective product attorney.
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