When one purchases a product, they expect it to be safe and function as intended. However, sometimes a product can cause harm to the user, and for this reason, companies are held responsible for injuries caused by their products. This legal concept is known as product liability, and it is the foundation for a product liability personal injury case. In this article, we will break down the anatomy of a product liability personal injury case to help you better understand the legal process.
Table of Contents
What Is Product Liability?
Product liability refers to the legal responsibility that a manufacturer or seller of a product has for injuries caused by their product. This responsibility arises from the fact that manufacturers and sellers are in the best position to ensure that their products are safe for use by the public.
The Types Of Product Defects
To prove a product liability case, the plaintiff must show that the product was defective in some way. There are three types of product defects:
Manufacturing defects: These are defects that occur during the manufacturing process, such as a faulty part or a mistake in the assembly process.
Design defects: These are defects that occur because of a flaw in the product’s design, such as a car with a design flaw that makes it prone to rollovers.
Marketing defects: These are defects that occur because of inadequate warnings or instructions, such as a product without proper warning labels or instructions for use.
The Parties Involved
In a product liability personal injury case, there are several parties involved:
The plaintiff: This is the person who was injured by the product and who is seeking compensation for their injuries.
The defendant: This is the manufacturer or seller of the product who is being sued for damages.
Expert witnesses: These are professionals who are called upon to testify about the product’s defects and the injuries caused by those defects.
Attorneys: Both the plaintiff and the defendant will have attorneys representing them in court.
Proving A Product Liability Claim
To prove a product liability claim, the plaintiff must show that:
The product was defective in some way: As mentioned earlier, the product must have a defect that caused the injury.
The defect caused the injury: The plaintiff must show that the defect was the cause of their injury and not some other factor.
They were using the product as intended: The plaintiff must show that they were using the product as it was intended to be used and not in a way that was unreasonable.
The Damages Awarded
If the plaintiff is successful in proving their case, they may be awarded damages, which are monetary compensation for their injuries. The damages awarded in a product liability case may include:
Medical expenses: This includes all medical costs associated with treating the injuries caused by the product.
Lost wages: If the plaintiff was unable to work while recovering from their injuries, they may be awarded lost wages.
Pain and suffering: This is compensation for the physical pain and emotional distress caused by the injuries.
Punitive damages: In some cases, the court may award punitive damages, which are meant to punish the defendant for their negligence or recklessness.
Conclusion
When purchasing a product, we trust that it will be safe and function properly. Unfortunately, this is not always the case, and injuries caused by defective products can have serious consequences. Product liability personal injury cases seek to hold manufacturers and sellers responsible for the harm caused by their products. By understanding the anatomy of a product liability personal injury case, you can better understand the legal process and your rights as a consumer.