When we purchase a product, we trust that it will function as intended and pose no undue risk to our safety. Unfortunately, defective or dangerous products can cause significant harm, leading to injuries, financial loss, or even fatalities. This is where product liability law comes into play, ensuring that consumers have a means to seek justice and compensation when manufacturers or sellers fail to uphold their responsibility.
What does Product Liability mean?
Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers to ensure that the products they provide to the public are safe and free from defects. If a product is defective and causes harm, the responsible parties may be held liable under product liability laws.
Types of Product Defects
To bring a successful product liability claim, it is essential to understand the types of defects that can make a product unsafe:
Design Defects
These occur when the product's design is inherently dangerous or flawed, making it unsafe for use even if manufactured correctly.
Example: A car with a poorly designed fuel tank that is prone to explosions during collisions.
Manufacturing Defects
These arise during the production or assembly process, resulting in a product that deviates from its intended design.
Example: A car with brakes improperly installed during production, causing a wreck and injuries.
Marketing Defects (Failure to Warn)
These involve insufficient instructions, warnings, or labels to inform consumers of potential risks associated with using the product.
Example: A cleaning product lacking proper safety instructions about its toxic properties.
Who Can Be Held Liable?
In a product liability case, multiple parties in the supply chain may be held accountable, including:
Manufacturers: The company that designs and produces the product.
Distributors: Entities that transport or store the product.
Retailers: Businesses that sell the product to consumers.
Legal Theories in Product Liability Cases
Product liability claims can be based on several legal theories, including:
Strict Liability
Under strict liability, a manufacturer or seller can be held liable for a defective product regardless of whether they were negligent.
Negligence
This requires proving that the defendant failed to exercise reasonable care in the design, manufacture, or marketing of the product.
Breach of Warranty
A claim can arise if the product fails to meet the terms of its express or implied warranties.
Common Examples of Product Liability Cases
Defective automotive parts causing accidents.
Contaminated food products leading to illness.
Faulty power equipment or appliances leading to injury.
Dangerous toys resulting in harm to children.
Steps to Take If You’re Injured by a Defective Product
Seek Medical Attention: Your health and safety should be your first priority.
Preserve Evidence: Keep the product, packaging, and any receipts or documents related to the purchase.
Document Your Injuries: Take photographs, keep medical records, and note any financial losses.
Consult a Personal Injury Attorney: A legal professional with experience in product liability cases can help you determine your rights and pursue compensation.
Contact Our Team of Experienced Greenville Product Liability Attorneys Today
Navigating the complexities of product liability law can be daunting. Our experienced team is here to guide you every step of the way. We understand the challenges victims face and are committed to holding negligent parties accountable. Let us fight for the compensation you deserve while you focus on your recovery.
If you or a loved one has been harmed by a defective product, don’t wait. Contact us today for a free consultation and take the first step toward justice.