Products Liability Lawyer
The following quote is the basis for Strict Products Liability in the United States- "Even if there is no negligence, however, public policy demands that responsibility be fixed wherever it will most effectively reduce the hazards to life and health inherent in defective products that reach the market. It is evident that the manufacturer can anticipate some hazards and guard against the recurrence of others, as the public cannot. Those who suffer injury from defective products are unprepared to meet its consequences. The cost of an injury and the loss of time or health may be an overwhelming misfortune to the person injured, and a needless one, for the risk of injury can be insured by the manufacturer and distributed among the public as a cost of doing business. It is to the public interest to discourage the marketing of products having defects that are a menace to the public. If such products nevertheless find their way into the market it is to the public interest to place the responsibility for whatever injury they may cause upon the manufacturer, who, even if he is not negligent in the manufacture of the product, is responsible for its reaching the market. However intermittently such injuries may occur and however haphazardly they may strike, the risk of their occurrence is a constant risk and a general one. Against such a risk there should be general and constant protection and the manufacturer is best situated to afford such protection". - Justice Traynor Escola v. Coca Cola Bottling Co., 24 Cal.2d 453, 461)
The United States has a consumer driven economy and a lifestyle fueled by consumption. This means that there are endless products to be encountered every day. From products in your home and at work to products you buy your children and even cars, there is a lot of opportunity for something to go wrong with one of these many products. While no one expects the products they use to hurt them, a flaw in design or manufacturing can often lead to serious injury and property damage. When you or a family member are injured by a defective product, call a Product Liability Lawyer.
What is Products Liability law?
You might be wondering what Products Liability means and how it can affect you. Products Liability law concerns the liability, or legal responsibility, or manufacturers and other parties in the chain of distribution for consumer products or components of those products. This may include the manufacturer, the wholesaler, or the retailer who sold you, a friend, or a family member a faulty product that has caused you or a loved one harm.
The product might be defective due to a design flaw, manufacturing defect, or other defect that makes the product unreasonably dangerous for its normal use. If you have been injured or otherwise harmed by a faulty consumer product, you may be entitled to monetary compensation and should contact a products liability attorney for a consultation.
For more information on dangerous and defective drugs and medical devices, visit our Defective Drugs Page.
Who can sue for a defective product injury?
Apart from the person who was using the defective product, bystanders in some states may also sue the product manufacturer or supplier for their injuries. Additionally, a bystander who has not been injured may be able to sue for emotional damage if they witnessed a close family member sustain an injury from their use of the defective product. This may include a spouse, child, or other close family member. Furthermore, damages are recoverable if a family member is killed under law. A person who has been loaned or given a defective product may generally also sue.
Why seek legal help? How long do you have to sue?
An experienced product liability attorney can help you recover the compensation you deserve. Every state has a time limit, called a statue of limitations, on products liability cases. In general, you should speak to a products liability attorney immediately to preserve your rights.
Specific types of Products Liability Lawyers:
To be liable to an injured plaintiff, the manufacturer and/or distributor must have placed a product, which subsequently injures someone, into the stream of commerce. products liability claims range from defective lawn mowers, defective cars, planes, appliances, boats, drugs and pharmaceuticals, and many other items that cause residents injuries each day.
Who can be held liable for a dangerous product?
In the manufacturer is the party most likely to be held liable. There are also situations where the seller or distributor can be responsible, especially if they make changes to the product or control its design.
Another type of products liability case that is often overlooked by the untrained practitioner involves vehicles that are unfit for sale and perform badly in auto accidents and frequently roll over. These cases occur when a car, van, pick-up truck, or Sport Utility Vehicle (SUV) rolls over or malfunctions in an auto accident. There are many potential injuries that can result when this happens on one of 's highways. A seatbelt, airbag, or other malfunction may make the vehicle unreasonably dangerous and unfit to be sold on the market. Issues involving seat belts that come undone are often involved, causing passengers to be ejected from the vehicle and sustain more severe injuries than they would have otherwise. If you or a loved one has been injured due to faulty vehicle design, crashworthiness failures, or a vehicle rollover, consult a crashworthiness attorney, roll over attorney, or products liability attorney today.
A Products Liability Case can be extremely difficult to prove. That is why you need a Licensed Products Liability Attorney or a Product Liability Law firm