Product Liability

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Product Liability

If you’ve been harmed or injured by a defective product, you may have a case against the manufacturer or retailer of the product. These defective products are typically tangible property, such as vehicles, children’s toys, household items, or tools.

The following defects can result in product liability claims:

  • Design or manufacturing defects
  • Mesothelioma & Asbestos
  • Breach of Warranty
  • Product Recalls

Whenever a product has a defect or is unreasonably dangerous, it may be appropriate for the injured person to file a product liability lawsuit. Product liability suits can be brought on the basis of negligence, strict liability, misrepresentation, or breach of warranty. This varies from state to state, so it’s best to consult an attorney about statutes where you live.

Frequently Asked Questions

Liability for a faulty product can span the entire chain of distribution from the manufacturer to the retailer that directly sold the item. So, if a defect involves a single component of an item, you may be able to sue both the manufacturer of the component and the manufacturer of the overall product. It’s important to identify the appropriate defendants and bring action against them, because some may have a greater ability to pay damages than others. An experienced attorney will help you identify the proper parties to name in a lawsuit.

The amount of time you have to file a suit depends on the state you live in. The statute of limitations will vary by state, but usually expires within two to four years. However, the statute of limitations may not begin until the victim discovers their injury. It’s best to consult an attorney as soon as you realize you’ve been injured to learn more about the statues where you live.

The main types of damages are known as compensatory damages – economic damages and non-economic damages. Economic damages are based on tangible, objective expenses, like medical bills, lost income, or property damage. Non-economic damages are more subjective. They include things like pain and suffering, mental anguish, and lost enjoyment of life. Punitive damages – awarded in cases where the defendants actions were particularly egregious – are meant to punish the defendant and deter this type of conduct. They are rarely granted, but can be large when they are.

Get more answers to frequently asked questions HERE .