If you have been injured by a product, you may be considering seeing product liability attorneys to find out what your legal rights are. In this article we will answer some of the most frequently asked questions about product liability.
- What is product liability?
Product liability is the area of law that deals with injuries caused by defective products. A defect can be either a design defect or a manufacturing defect.
Q: Who is responsible for the injuries in my case?
A: The manufacturer, distributor, seller or retailer of the defective product may all be held liable for your injuries. If you were injured by an automobile, the manufacturer, distributor, and seller may all be liable for your injuries even though they are different companies.
Q: How do I prove that a product was defective?
A: The first thing you should do is keep the product and its packaging. You’ll want to hold onto these items so that if your claim goes to trial, you can present them as evidence. Also take close-ups of any parts of the product that are damaged or broken, or where a defect might have occurred (such as on a hinge).
Importantly, don’t forget to write down everything about how this happened: when did it happen? Where were you when it happened? Who was with you? What exactly happened when it happened? Write down as many details as possible so that if someone asks for more information later on in court proceedings, you’ll be able to provide them with more details.
Q: Can I sue for damages if my product hurts me?
A: Yes! If you’ve been injured by a defective product, you can file a lawsuit in court against the manufacturer or distributor. The law in most states allows you to recover compensation for your medical expenses and other losses caused by the defective product. You may also be able to recover punitive damages if the company that made the product acted with malice or reckless disregard for your safety.
We hope this article has provided you with a better understanding of product liability law in general, whether it be for your own purposes or for advising clients on how to avoid liability. If you have any additional questions about product liability law, please contact us directly by phone or email and we will be happy to provide you with additional information.