What Does Product Liability Mean to Me?

Establishing the party at fault is one of the most difficult things to do in a product liability claim. This is because multiple parties may be involved in handling the product; from the manufacturer, marketer, distributor, retailer, and even the consumer, it may not be that easy to establish the party to blame for the injury.

It is even more difficult for consumers to prove that a certain product was defective and that the injury was caused due to the defect. As a consumer, you may not be familiar with the complex manufacturing process. This makes it even more challenging to prove liability, especially without a product liability attorney. 

The law recognizes this fact, and for this reason, you may no longer be required to prove that the product in question was defective. Instead, it will be the manufacturer's responsibility to prove that it was not. 

The theory of strict liability applies in most states. This theory usually applies when there is negligence or breach of warranty of fitness.

According to this theory, manufacturers are responsible for injuries caused by their products regardless of their intent or amount of reasonable care exercised during the manufacturing process. So, for example, even if a product had adequate security features, consumers can still file a claim if they got injured while using the product as intended. 

But this also does not mean that you, as the consumer, automatically win the lawsuit. Instead, you will have to prove that:

• you suffered the injury while using the product in question;
• the product in question was defective when sold to you by the defendant;
• the defendant is actively involved in the product (manufacturing, distributing, or selling);
• the defect in the product made it unreasonably dangerous to you, as the consumer;
• the defective condition was the proximate cause of your injury;
• the product had not been substantially altered between the time the defendant distributed or sold it and the time of the injury.

In product liability law, a product is considered 'unreasonably dangerous' if it is dangerous beyond what an ordinary consumer expects. A good example is the 2014 GM Motors ignition switch recall. 

The multi-billion automotive company recalled several of its vehicles due to ignition switch problems. According to the recall, the vehicles listed had ignition switches that could potentially slip out of position, shutting down the car's engine and disabling the power steering and brakes. This could obviously lead to a crash. Even worse, the recall claimed that the airbags on such vehicles may fail to deploy in the event of an accident. 

As a result, GM reportedly recalled 30 million cars and paid more than $870 million as compensation for death and injury claims. They also spent more than $900 million to settle a federal criminal investigation.

Using the GM recall as an example, the vehicles listed in the recall were considered 'unreasonably dangerous.' Again, this is because consumers would not know about such problems, and if they did, they would not purchase the vehicles in the first place. 

'Causation' is yet another common term used in product liability claims as an important requirement in proving liability. To prove that the defendant is liable for your injury, you must prove that the defective condition was the cause of the injury. 

Causation further falls under two subcategories: producing and proximate cause. 

Producing Cause

In layman's terms, producing cause refers to injuries sustained by conditions that are not naturally foreseeable. Although the product might be defective, causing injuries to the consumer, the defendant could not have predicted the defective condition. 

For instance, when a soft drink company advertises a particular new drink for the summer, they may not be aware that the bottle holding the drink would explode when exposed to a certain temperature. So if you suffer injuries as a result of an exploding soft drink bottle in your car in the summer, you can still file a claim against the manufacturer. 

Proximate Cause

Proximate cause refers to the action of the individual or entity that owes you a duty and is sufficiently related to your injury to a point where the law considers them liable for the injury. In product liability claims, proximate cause is proven when a product has a defect that a person exercising reasonable care would have foreseen. For example, a live wire on a hairdryer can electrocute the user if the hairdryer is plugged into an electrical outlet and switched on.

Suppose the user suffers severe injuries from the electrocution. In that case, the live wire is considered a proximate cause because it is directly related to the injury. Secondly, it could have been avoided had the manufacturer exercised care while assembling the product.

Unlike other areas of personal injury, product liability claims are among the most difficult to settle. For this reason, it is not always advisable to file a product liability claim without the help of an attorney. 

This is because, as a consumer, the odds are against you when filing a product liability claim, even if you have reason to believe an individual or entity has acted negligently in producing, distributing, or selling that particular product. There are so many technical issues involved in filing such a claim, which are also expensive to keep up with.

For instance, when required to prove that a particular product had a defective design, you may need the intervention of an expert. This expert will reconstruct 3D diagrams of the product, trying to convince the other party that the injury was avoidable in the presence of a particular feature or design. 

Then there is the issue of proving that the product's defective condition caused the injury - this is usually one of the most difficult aspects. This is because when a product shifts hands from the manufacturer to the seller, you may not be able to establish the exact party responsible for your injury, even if the product is confirmed to be defective. 

Take a look at the GM recall as an example. One claim was dismissed after it was determined that even though the plaintiff had been involved in an accident while driving one of the vehicles subject to the recall, the accident had nothing to do with the recall. Instead, it was established that bad weather conditions caused the accident and that at least 30 other vehicles had been involved in similar accidents around the same time, none of which had anything to do with the recall. 

This proves that hiring an attorney increases your chances of obtaining a favorable outcome. The attorney will help investigate the incident and determine whether you have a case against the defendant.

This also explains why reputable personal injury law firms like Morgan & Morgan offer free consultation regardless of the nature of your claim. Such an opportunity makes it possible to review your claim and decide the next steps forward. If it is established that you have a case against the defendant, Morgan & Morgan will advise you on the dos and don'ts of filing a product liability claim.

An experienced product liability attorney will be assigned to your case, teaming up with other legal experts to build a strong case against the defendant. Throughout the entire process, Morgan & Morgan will keep you informed about the claim's progress, and if necessary, the claim may proceed to court.

Products liability claims are not the easiest to settle - you need an experienced product liability attorney to fight for your rights. So call us today at 877 582 9041 to speak with one of our attorneys.