Product Liability Lawsuits

When a product is sold in the marketplace, the consumer should feel that necessary steps were taken to ensure its safety. However, sometimes a defective product can be sold that causes personal injury or wrongful death. When this happens, any company that takes part in the process of getting the product to the marketplace may be held responsible. This means a consumer can make a claim against a product designer, manufacturer, wholesaler, distributor, or retailer depending on the injury that has occurred and reason for liability.

Types of Defects

There are three types of defects that can result in liability: design defects, manufacturing defects, or marketing defects. Design defects are a result of the actual design of the product prior to manufacturing that make it unsafe. Manufacturing defects are a result of the product not meeting the design specifications during the manufacturing process and are usually a result of negligence. Finally, marketing defects are a result of the manufacturer failing to instruct, properly label the product, or warn the consumer of the product’s possible dangers.

Filing a Claim

Product liability laws can be different in each state, so it is important that you contact an experienced product liability attorney who is familiar with the laws in your state. The lawyer will evaluate your claim and help you determine the best course of action to pursue.  The lawyer will also ensure that your claim is filed in a timely manner. If your claim is successful, you may be able to recover compensation for lost wages, medical expenses, pain and suffering, and other damages.

Class Actions

Often product liability lawsuits are filed as class action lawsuits. Class action lawsuits are filed on behalf of a group instead of an individual. Once you are part of a class action lawsuit, you may not file a claim as an individual. Your attorney will be able to determine whether your case should be filed as an individual lawsuit or as a part of a class action lawsuit.