When you buy something, you expect it to work as it should. Whether it’s a phone, a car, or even a toaster. You trust that it won’t unexpectedly cause harm.
But what if that trust is broken and the product you bought hurts someone? This is when hiring product liability lawyers makes absolute sense. There’s a lot to learn in this legal area, and many people need help right away.
1. What Exactly is Product Liability?
When companies make and sell products, they are legally responsible for any harm the products cause. This includes manufacturers, suppliers, distributors, and retailers.
If you are hurt or have losses because of a problem with a product, you can make a claim under product liability law. This protects consumers by making sure that companies are accountable for the things they make.
Product liability doesn’t only cover cases where something doesn’t work right. It also involves serious harm like injuries, health problems, or damage to property.
If a product doesn’t work properly and causes serious problems, the maker or seller can be held responsible. This is meant to make sure that everyone is treated fairly in the marketplace and that companies have to meet safety standards.
2. What Are the Different Types of Product Defects?
There are three types of product defects: design defects, manufacturing defects, and marketing defects.
Design Defects: This happens when a product’s original design is not safe. If there is a flaw in the design, every unit produced will have the same risk. For example, a car model with a design that makes it likely to tip over.
Manufacturing Defects: This happens when the product design is good, but mistakes occur during the production process. For instance, a batch of toys might be missing small yet important safety components.
Marketing Defects: Deal with how the product is marketed, packaged, and labeled. If there are not enough warnings or usage instructions, it’s a marketing defect. If a medication lacks clear instructions about potential side effects, the manufacturer can be held accountable.
3. Who Can Be Held Liable in a Product Liability Case?
Product liability cases can involve multiple parties. However, the main parties that could be held responsible are:
- The Manufacturer: Whether it’s a small business or a large corporation, the manufacturer is often the main focus in a product liability case. If the defect happened during the design or manufacturing phase, the manufacturer is under scrutiny.
- The Distributor or Supplier: Sometimes, the middleman can also be found accountable, especially if they knowingly sold defective or harmful products.
- The Retailer: Surprisingly, even the store that sold the product can be held responsible. Retailers have an obligation to ensure that they do not sell hazardous goods, and if they do, they could be implicated in legal proceedings.
4. What Must You Prove in a Product Liability Case?
If you’ve been harmed by a product and need to prove it in court, here are the key things you need to show:
- Defect Proof: You must prove that the product was defective, whether it was during its design, manufacturing, or marketing.
- Causation: It’s not enough that the product was defective. You have to show the direct link between the defect and the injury or damage you suffered. You need to demonstrate that if the product hadn’t been faulty, you wouldn’t have been hurt.
- Injury or Loss: You need to demonstrate that you suffered a real injury or loss due to the defect. If the defect didn’t harm you or damage your property, there’s no case.
5. How Long Do You Have to File a Product Liability Claim?
When it comes to legal matters, time is important, especially in product liability cases. You need to act promptly and file a claim within a specific time period, known as the “statute of limitations,” which varies based on where you live. This time limit is usually between two to four years from when the injury occurred or the defect was discovered.
In some cases, you may not immediately realize there is a problem. That’s because with certain medications or long-term use products, the harm might not be evident until months or even years later.
Many states have something called a “discovery rule,” which allows you to file a claim within a specific time period after discovering the injury, even if it’s long after you first used the product.
