If you have suffered due to defective product injuries, you need to know what rights you have as a consumer.
If you’ve been injured by a defective product, you may be wondering who can be held responsible. The answer depends on a number of factors, including the type of defect and who manufactured the product.
Product liability law is designed to hold manufacturers and sellers accountable for injuries caused by defective products. The three main types of defects that can give rise to claims are: design defects, manufacturing defects, and marketing defects.
Design defects occur when there is a flaw in the design of the product that makes it unsafe for use. Consequently, when the product is not made according to the specifications in the design, it results in an unsafe product. Unsurprisingly, Marketing defects occur when the product is not properly labeled or warnings are not provided about potential risks.
Depending on the type of defect, different people or companies may be held responsible. If a manufacturing defect results in an injury, the company that made the defective component may be held liable. Also if a design defect causes an injury, the company that designed the product may be held liable. Therefore a marketing defect results in an injury, the company responsible for marketing the product may be held liable.
If you have been injured by a defective product, it’s important to speak with an experienced personal injury attorney who can help you understand your rights and options under product liability law.
Who is Liable in a Defective Product Injury Case?
In any potential defective product liability case, the first question that must be answered is: who is liable? Essentially, the answer depends on a number of factors, including product type, defect, and the jurisdiction of the claim.
Generally speaking, there are three parties that could potentially be held liable in a defective product liability case: the manufacturer, the retailer, and the consumer. Generally, the manufacturer is typically held liable if the defect lies in the design or manufacture of the product. The retailer can be held liable if they sold a defective product that they knew or should have known was defective. Finally, the consumer can be held liable if they misused the product in a way that contributed to their injury.
There are many exceptions to these general rules. Liability will ultimately depend on the specifics of each individual case. If you have been injured by a defective product, it is important to speak with an experienced attorney. Undoubtedly an attorney can help you determine who is responsible for your injuries and what compensation you may be owed.
How are Injury Lawsuits Settled?
The most common way cases are settled is through negotiation between the parties involved. This usually happens before the case goes to court, but sometimes it can happen during the trial. If the case does go to court, the judge will make a decision based on the evidence and testimony presented. Accordingly, lawsuits can also be settled through mediation, this is where a neutral third party helps the parties come to an agreement. Lastly, cases can also be settled through arbitration, which is usually binding.
In the United States, product liability law holds manufacturers accountable for the safety of their products. Meaning if a product is found defective or dangerous, the manufacturer can be held liable for any resulting injuries. Learn more at this product liability guide on Forbes.
If you have been injured by a defective or dangerous product, you may be able to file a product liability lawsuit against the manufacturer. In order to succeed in such a lawsuit, you will need to prove that the product was defective and that this defect caused your injury. Henceforth, if you are successful, you may be able to recover damages for your medical expenses, lost income, pain and suffering, and more.