Product liability lawsuits are legal actions against manufacturers, distributors, and retailers when those products cause injury or harm to consumers. The basis for these lawsuits is that a reasonable manufacturer is legally obligated to provide safe and reliable products to consumers and warn them of any potential risks associated with using their products, ensuring they are not dangerous or defective. This obligation is known as the duty of care and extends to all aspects of a product’s design, manufacturing, labeling, and warnings.
In the United States, the claims most commonly associated with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. In a product liability lawsuit, the injured party (the plaintiff) must prove that the product was defective and caused their injury.
It is advised to use an experienced product liability lawyer to prepare for the product liability lawsuit. Understanding how to structure the case and manage the details will require a product liability lawyer working on your behalf.
Three main types of defects can form the basis of a product liability lawsuit:
1. Design Defects
Design defects or defective products refer to problems with the product’s design that make it inherently unsafe, regardless of how well it was manufactured. For example, a ladder that is designed with steps that are too far apart, making it easy for users to slip and fall, would be considered a design defect.
2. Manufacturing Defects
Manufacturing defects refer to problems that occur during the production of the product that make it unsafe, even if the design is sound. For example, a ladder manufactured with weak or faulty materials that cause it to break under regular use would be considered a manufacturing defect.
3. Failure to warn.
Failure to warn refers to the manufacturer’s obligation to warn consumers of potential risks associated with using their product. For example, suppose a ladder manufacturer fails to warn users that the ladder should only be used on flat surfaces. In that case, they may be held liable for injuries sustained by someone who used the ladder on an uneven surface.
Why Should I Consult Product Liability Attorneys?
In product liability claims, the plaintiff must prove that the defect existed when the product was sold and caused an injury. If the plaintiff is successful, they may be entitled to compensation for their injuries, including medical expenses, lost wages, and pain and suffering.
A product liability claim can be highly complex as all the evidence is put-together to prove the case against the manufacturer. Product liability lawyers are experts and know what evidence needs to be in the lawsuit, how to organize the information, and present it for the best opportunity to be successful with the lawsuit.
Overall, product liability lawsuits serve as an essential mechanism for holding manufacturers accountable for providing safe products and for warning consumers potential risks associated with their use. It is vital to use an experienced product liability lawyer. When they fail in this obligation and you’re hurt by a dangerous or defective product, you should speak with the experienced defective product liability lawyers at Fukuda Law Firm.
Our team has extensive experience in high exposure product liability litigation along with the resources necessary to manage complex, consolidated and extensive product liability laws. We have also represented victims injured by defective grocery store products and foods from restaurants, medicines, cosmetics, medical devices, baby strollers, and children’s toys. A defective product can be dangerous and put you at risk of significant personal injury or death . Our defective product liability attorney believe you deserve the best possible representation. Call us today for a consultation.
