As consumers, we depend on manufacturers and distributors to provide us with safe and reliable products. However, there are times when products can malfunction or cause harm to a person. In such cases, a product liability claim can be filed by the injured party. In this article, we’ll discuss what a product liability claim is, how it works, and what steps are involved.
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Definition of Product Liability Claim
Product liability refers to the legal liability that manufacturers and distributors have when their product injures a person. Product liability claims can be filed for a wide range of products such as cars, toys, medical equipment, and appliances. These claims can be based on different theories such as design defects, manufacturing defects, and failure to warn.
Types of Product Liability Claims
There are three types of product liability claims, each based on a different theory of liability.
Design Defects
Design defects are flaws in the design of a product that make it unsafe. In such cases, the product is inherently dangerous and poses a risk to users. A design defect claim alleges that the manufacturer is responsible for the injury because they designed a product that was unreasonably dangerous.
Examples of design defects include a car with a faulty electronic stability control system or a ladder with weak rungs.
Manufacturing Defects
Manufacturing defects occur during the production process when a product is made differently from the intended design. These defects can occur due to errors in manufacturing, poor quality control, or defective materials. Manufacturing defect claims allege that the manufacturer is liable for the injury because they failed to produce the product as intended.
Examples of manufacturing defects include a medicine with contaminated ingredients or a bike with a broken chain.
Failure to Warn
Failure to Warn claims occur when a manufacturer does not provide adequate warnings or instructions for the product’s safe use. This can include insufficient warnings about potential risks or incorrect usage guidelines. Failure to warn claims allege that the manufacturer is responsible because they failed to warn the user of the potential hazard.
Examples of failure to warn claims include a chain saw without warning labels or a pesticide without proper usage instructions.
Steps Involved in a Product Liability Claim
If you’ve been injured by a defective product, you may consider filing a product liability claim. Here are the steps involved:
Hire an Attorney
The first step is to hire an attorney who specializes in product liability cases. Your attorney will evaluate your case, gather evidence, and advise you on your legal options. They will also engage in settlement negotiations with the manufacturer or distributor.
Investigation
Your attorney will investigate the case by collecting evidence, interviewing witnesses, and consulting with experts. They will also review the product’s design, manufacturing, and marketing process to determine the cause of the injury.
File a Complaint
If your attorney determines that you have a valid claim, they will file a complaint in court. The complaint will detail your injuries, the product’s defects, and the manufacturer’s liability. The manufacturer or distributor will have a chance to respond to the complaint.
Discovery
During the discovery phase, your attorney and the manufacturer’s attorney exchange information and evidence. This process can include written discovery requests, depositions, and witness interviews.
Settlement Negotiations
After the discovery phase, your attorney will engage in settlement negotiations with the manufacturer’s attorney. The parties may reach a settlement agreement, which can include compensation for medical expenses, lost wages, and pain and suffering.
Trial
If the parties can’t reach a settlement, the case will go to trial. At trial, both parties will present evidence and testimony to a judge or jury. The judge or jury will then decide whether the manufacturer is liable for the injury and, if so, the amount of compensation to be awarded.
Conclusion
A product liability claim can help you recover compensation if you’ve been injured by a defective product. Whether you have a design defect, manufacturing defect, or failure to warn claim, it’s important to hire an experienced attorney who can navigate the legal process and help you obtain the compensation you deserve.