According to the stats, defective and dangerous products injure thousands of people annually. In such cases, manufacturers are held liable under the product liability law. It’s also important to note that defective product lawsuits are difficult and complex in nature. Most of them are based on different legal theories. That’s why you should always hire a good lawyer to handle defective product lawsuits. On those lines, this guide is going to delve into all things defective product lawsuits and how to file one.
By definition, defective products are goods that malfunctions. They don’t serve the purpose that they were intended. Consequently, such products can lead to consumer injuries. According to state laws, if you suffer injuries from defective products, you have the right to file a lawsuit. Under this law, you will sue the manufacturer for negligence, breach of warranty, or even strict liability.
Defective products can lead to consumer injuries. These defects can be divided into three major types. They include:
- Design Defect – Design defect involves flows that arise before products are manufactured.
- Manufacturing Defect – Manufactured defects represent flows occurring after design as well as the market introduction.
- Marketing Defects –Marketing defects are commonly associated with flows during the advertising, labeling, and selling of products to consumers. These flows may include misinformation, misleading instructions, deceptive product purpose, and poor warning labels.
Parties to Sue
The laws clearly state that you can sue the product manufacturer in case you suffer injuries from a defective product. However, the responsible party is dependent on the type of defect in question. So, depending on the type, a court of law can assign the responsibility to the manufacturer, assembler, product installer, advertiser, wholesaler, or even the product retailer.
Remember, you can file claims against multiple parties. For instance, you can sue the manufacturer, installer, retailer, etc. at the same time. So, you don’t have limits.
Before filing a defective product lawsuit, ensure that you meet the following criteria:
- You used the product in an intended manner.
- You strictly followed the product’s instructions.
- You observed all the product warnings
If you meet the above requirement and still suffered an injury, consider speaking to a product liability lawyer. He/she has the experience to file a lawsuit for possible compensation. Remember, personal injury evidence must be presented/tabled before a court of law.
The amount awarded as compensation for defective products is dependent on your state laws. So, depending on your state law’s cap damages, you should receive a reasonable amount to help you carry on with your normal life. Also, factors such as medical costs, loss of wages, property damages, as well as disability-related costs come into play when determining the amount that you will be compensated. Even more, non-economic damages like pain, suffering, as well as consortium losses are used to determine the amount you receive.
How to Choose the Right Defective Product Lawyer
Choose a defective product lawyer who is well versed in the law. Go for a lawyer who specializes in defective product lawsuits. Also, go for the experience. Look at the reviews and ask for referrals. Also, base your decision on track record and customer testimonials.
Of course, most manufacturers claim that they produce quality products. However, the truth is that some of them produce defective products. Among other things, defective products can lead to losses and cause harm. In such cases, you should seek compensation. However, defective product liability can be complex. That’s why hiring a lawyer is important. The above guide contains everything defective product lawsuits.