Product liability laws were created to help people injured by defective products to receive the proper compensation. These laws make the seller or manufacturer liable for any injuries sustained from their products. Liability for your injury could fall on different parts of the business you purchased the product from such as the manufacturer or the seller. State laws on product liability claims are put in place to help protect you from defective products. When filing a product liability claim, you must prove negligence and breach of warranty in order to receive compensation.
Product liability claims need to prove that the business is liable for the injury. Knowing how the product caused an injury is a key to knowing what claim against the business to file. Understanding the different types of defective products can help you in your court case.
- Manufacturing Defects. These kinds of defects occur when errors are made in the making of the product. The product could be missing a part or have a part that is cracked which makes the product inherently unsafe when you are using it.
- Design Defects. These products are different than defectively manufactured products because they are products that have a flaw within their design. This most likely applies to all the products of that particular model rather than one defective product.
- Product has insufficient warnings or instructions. These products are dangerous to users because they do not provide the user with the proper warnings or instructions. Usually this is not obvious to the user or requires special care when using the product.
In a product liability lawsuit, it’s important that you prove that the manufacturer created a defective product. It’s also important that you prove how the defective product caused an injury. In strict liability cases, you are only responsible for proving the product was defective and caused injuries. In these cases, you don’t have to prove that manufacturers were negligent.
Questions About Product Liability?
If you have been injured while using a product and believe that it falls under one of these claims, it’s best to seek legal assistance. The trusted personal injury attorneys at Arata, Swingle, Van Egmond & Goodwin can offer their legal guidance to help you navigate any questions you have about product liability. Call (209) 522-2211 or fill out our online case review form here.