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 dangerous drugs. While these victims have a right to monetary compensation for their injuries, product liability lawsuits are difficult cases.
Accountability in Product Liability Suits
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 product’s 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
Negligence theory requires you to be able to prove that the defendant had a duty to its customers to provide a product that was safe for everyone. You must then prove that the manufacturer breached that duty by not guarding their consumers from any potential misuse of the products. You have to prove that your injuries were a direct result of the defendant’s breach of duty.
With strict liability theory, it is not required that you prove the fault of the manufacturer. However, you must prove that the product was sold with the defendant’s knowledge that the product was dangerous.
Breach of warranty theory requires 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. The defective product lawyers at Jacoby & Meyers can help you receive the compensation you deserve.