1. Who can bring a
Product Liability suit?
2. Who can be held accountable in a product
liability case?
3. What types of damages may be sought in a
product liability lawsuit?
4. What is product liability?
5. How do I prove a product is defective?
6. Do I need a lawyer in a product liability
case?
7. If I am seriously injured by an appliance or
some other type of mechanical apparatus that is more than two
years old, does that mean that the product is too old to have a
lawsuit for product liability?
8. Our brand-new power mower backfired and
injured me. From whom may I recover damages?
9. Can I bring a product liability against a
manufacturer for incorrect product labeling?
10. Is there a Federal product liability law?
1. Who can
bring a Product Liability suit?
A product liability lawsuit may be brought by or on behalf of an
individual injured or killed by a defective product against the
manufacturer (and possibly the wholesalers, distributors and
seller) of the defective product. Product liability lawsuits
generally involve several legal theories including negligence,
strict liability, and breach of warranty.
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2. Who can
be held accountable in a product liability case?
It may be possible to hold any entity in the product's chain of
distribution responsible for the harm caused by the dangerous
product. This could include the manufacturer of the product, the
manufacturer of a defective component of the product, a
distributor of the product, or the end-seller of the product.
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3. What
types of damages may be sought in a product liability lawsuit?
A person injured due to a defective product may seek
compensation for:
- medical expenses
- physical pain and suffering
- mental anguish
- disfigurement
- physical impairment
- loss of earning capacity
- property damage
- punitive damages
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4. What
is product liability?
Manufacturers of food products, drinks, engineering goods,
medicines, etc are expected to be careful in their production.
If they fail in their duty, they are liable to pay compensation
for the consequences because their defective products might
cause loss of life and damage to property.
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5. How do
I prove a product is defective?
Proving a product is defective requires careful examination and
evaluation of the product by scientists, engineers, and other
experts. It also requires in-depth study of the history of the
product's design, patenting, and manufacture. Thorough research
of applicable industry and governmental standards is essential
to the successful handling of a product liability case.
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6. Do I
need a lawyer in a product liability case?
Due to the complexity of product liability cases and the need
for expertise in the engineering and scientific fields, any
victim of a dangerous product can benefit from the services of a
lawyer. Without a lawyer, the chances of recovery are not good.
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7. If I
am seriously injured by an appliance or some other type of
mechanical apparatus that is more than two years old, does that
mean that the product is too old to have a lawsuit for product
liability?
No. A product liability claim must be brought within two years
of the time when the accident occurred. This does not mean that
the device responsible for the injury cannot be much older,
five, ten or even fifteen years older.
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8. Our
brand-new power mower backfired and injured me. From whom may I
recover damages?
This is a typical product liability case. You may be able to
prove that the manufacturer of the lawn mower made a defective
product. Most courts today hold companies responsible for a
defective product strictly liable to consumers and users for
injuries caused by the defect.
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9. Can I
bring a product liability against a manufacturer for incorrect
product labeling?
Yes. Marketing defects include improper labeling of products,
insufficient instructions, or the failure to warn consumers of a
product's hidden dangers. A negligent or intentional
misrepresentation regarding a product may also give rise to a
product liability claim.
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10. Is
there a Federal product liability law?
There is no federal product liability law. Typically, product
liability claims are based on state laws, and brought under the
theories of negligence, strict liability, or breach of warranty.
In addition, a set of commercial statutes in each state, modeled
on the Uniform Commercial Code, will contain warranty rules
affecting product liability.
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