Product liability cases refer to situations where a person has been injured or suffered damages as a result of using a defective product. These cases can be very complex and often require the assistance of a skilled personal injury attorney.
In this article, we will discuss the basics of product liability in personal injury cases, including the types of defects that can lead to product liability claims, how to prove liability, and what damages may be recoverable in these cases.
Table of Contents
Types of Defects
The first step in establishing product liability is identifying the type of defect – or defects – that led to the injury or damage. In general, there are three types of defects that can lead to product liability claims:
Manufacturing Defects
A manufacturing defect occurs when there is an error in the production of a product that deviates from the design intent. For example, a car may have a manufacturing defect if a bolt that was supposed to hold the brake pedal in place was not properly tightened during the assembly process. A manufacturing defect can make a product unsafe for its intended use and lead to injuries.
Design Defects
A design defect exists when a product is inherently dangerous due to the design itself. This means that the product is unsafe even if it is produced perfectly according to specifications. An example of a design defect would be a car whose roof is so weak that it collapses in a rollover accident, causing the driver and passengers to suffer serious injuries.
Marketing Defects
Marketing defects refer to errors in the way a product is marketed or labeled. For example, if a product is marketed as safe for children, but the label fails to warn that the product can cause choking hazards for children under 3 years old, this would be a marketing defect. A failure to warn about known risks can also be considered a marketing defect.
Proving Liability
Once the type of defect has been identified, the next step is to prove liability. The plaintiff must establish that the product was defective and that the defect was the cause of their injury or damages. This involves proving the following:
- The product was defective when it left the manufacturer’s control;
- The defective product caused the plaintiff’s injury or damages;
- The plaintiff was using the product as intended or in a foreseeable way; and
- The plaintiff was not aware of the defect at the time of use.
Recoverable Damages
In a product liability case, the plaintiff may be entitled to various types of damages, depending on the nature and extent of their injuries and damages. These damages can include:
Medical Expenses
If the plaintiff suffered physical injuries, they may be able to recover the cost of their medical expenses related to the injuries caused by the defective product. This can include hospitalization, outpatient surgery, rehabilitation, and prescription medication.
Lost Wages
If the plaintiff had to miss work due to their injury or recovery period, they may be able to recover the wages that they lost as a result of their absence from work.
Pain and Suffering
Injuries can cause mental and emotional damages in addition to physical injuries. If the plaintiff has suffered severe pain and suffering due to the use of the defective product, they may be entitled to recover damages for these non-economic losses.
Punitive Damages
In certain circumstances, the plaintiff may also be able to recover punitive damages, which are designed to punish the defendant for particularly egregious conduct.
Conclusion
Product liability cases can be challenging, but they are an important part of protecting consumers from dangerous and defective products. If you have been injured or suffered damages as a result of using a defective product, you may be able to recover compensation for your losses. Contact a personal injury attorney to discuss your case and your legal options.