What Is Product Liability?

If you were hurt by a dangerous or defective product, you likely have questions about what it means to file a lawsuit and whether or not you have grounds to pursue potential compensation. This falls under the legal umbrella known as “product liability.” Product liability refers to defective or dangerous products, and such are the causes of thousands of accidents and even fatalities every single year across the United States. 

Product liability law is related to, but also distinct from, personal injury law in which you may choose to file a lawsuit against a responsible party, such as a person who is driving drunk or a property manager who failed to maintain a safe property. Product liability law has to do with all of the legal rules related to who is accountable for dangerous or defective products. 

This can make it simpler for a hurt victim to recover damages, especially when they have the insight and support of an experienced product liability lawyer. 

What Is Product Liability: Who Are the Responsible Parties? 

The product in question must have been sold in order for it to become the basis of a product liability lawsuit. A historically contractual relationship needs to be present between the supplier of the product and the person injured by the product in order for a lawsuit to exist. Most states do not require this specifically, meaning that the injured party no longer has to be the person who used or purchased the product. 

Any person who reasonably could have been injured due to a dangerous product can potentially recover for their injuries, so long as the item was ultimately sold to someone at some point in the process. This means that there could be more than one party responsible for the injuries sustained by a person who is hurt in a product liability lawsuit. This requires a thorough investigation by a product liability lawyer at the outset of the case. 

Liability for a defective product could lay with a wholesaler, the person who installs or assembles the product, a manufacturer of component parts, the product manufacturer, or the retail store who sold that item to the consumer. More than one of these parties could also be responsible at the same time, making it all the more important to retain a product liability lawyer to help you with this process. 

What Are the Types of Product Defects? 

When considering what product liability is, product defects come to mind. These are the legal grounds under which you can show that a product was improperly manufactured or sold to you, meaning that you have grounds to pursue a lawsuit. The three types of product defects are manufacturing defects, design defects, and marketing defects. Manufacturing defects are those that occur in the process of assembly or manufacture, meaning that some error occurred in the manufacturing process that left you suffering the consequences. Design defects exist in the product from the time that it has been developed, meaning that the error occurred prior to manufacturing since something in the design is unsafe on its own. Finally, marketing defects can also apply which refer to mistakes in the way that a product has been promoted, such as insufficient instructions, improper labelling, or inappropriate safety warnings. One or more elements of these product defects may apply in your product liability case. 

Determining Responsibility

As you seek to learn the answer to what is product liability, you need to identify the liable parties. The rule of strict liability might apply, and this helps many plaintiffs in recovery in their cases. You should also anticipate that the other side will fight back vigorously when it comes to defending this lawsuit. 

They may allege that you used the product improperly, and that is why you are suffering the consequences in terms of a serious injury. This makes it very important to have a dedicated and knowledgeable attorney, who has been through this process before, who can help guide you through the legal responsibility clarifications, and who can help you to recover compensation. 

How Do I Know I Should File a Lawsuit? 

When a product does not function as you expected and you are dealing with the consequences as a user of that product, or are dealing with property damage or injuries because of the product's malfunction, this information can form the basis of a product liability lawsuit. It is your job to show how any individuals involved in the chain of distribution or manufacturing are responsible for the injuries you sustained, so a thorough and full investigation of the entire situation needs to occur as soon as possible. You also might want to consult with a product liability lawyer to understand the timelines that could apply in your case. 

What to Know About Timelines 

Much like personal injury, timelines exist so that you must file a lawsuit within a timely manner. This also means that you can get your chance at recovering compensation and receiving justice sooner rather than later. Many companies named in a product liability lawsuit might choose to try to settle the case outside of court due to the uncertainty of going to trial. 

You can expect that any of these settlement offers will be presented to you by your product liability lawyer so that you can make an informed decision about what is right for you. There are many different factors to consider in deciding whether or not you will be fully or fairly compensated by a settlement offer. Most insurance companies try to take advantage of your lack of knowledge about the long term costs associated with your injuries and will therefore try to present a low ball settlement offer. 

This can be a very frustrating experience, but thankfully when you have a knowledgeable product liability attorney engaged to work with you from the outset of your case, you can greatly decrease the possibility of dealing with these situations. 

It is not a good idea to manage your product liability case on your own. It can be very confusing to do so and you want a professional to help represent your interests. Hiring the right lawyer can discourage the other side from wanting to go to trial, too. They might be more open to scheduling settlement conversations when they know that you’re taking your product liability case seriously. 

Who you choose as a lawyer has a big impact on the outcome of your case.