Understanding Product Liability Cases
In today’s tech-centric society, it is no wonder we have seen such a dramatic increase in improperly designed and manufactured products. While it is certainly true that technology has taken us a long way and has done wonders for how we communicate with one another and our livelihood overall, this shift does not come without its consequences. There are many different products on the market today – such as cars, computers, machinery, and appliances – that put us at risk of serious or permanent injury if they prove to be defective. In fact, defective and dangerous products are the cause of thousands of injuries every year in the United States. Because of this, we have a ‘product liability law’ in place that governs who is responsible for defective and dangerous products. It is important to note that this is different from ordinary personal injury law because it states that the manufacturer of the product in question will be held liable for the defective item.
If you or a loved one has been injured as the result of defective product, please contact Atkins & Markoff today. Our knowledgeable personal injury lawyers have the experience needed to represent you in a court of law and help you receive the justice and compensation you deserve.
What is Product Liability?
If you or a loved one has been seriously injured as a result of using a product that was deemed appropriate for that use, you may have a product liability claim. There are numerous different types of defective product cases, but claims usually fall within one of the following three categories of product liability:
- Defective manufacturer
- Defective design
- Failure to provide adequate warnings or instructions regarding the proper use of the product
In order to better understand if you have a case and can pursue legal action, it is a good idea for you to determine whether or not you have a valid claim. Thankfully, the personal injury lawyers here at Atkins & Markoff will be able to guide you through this process and go over your case with you. If we find that you do have a case, we will help you move forward with your claim.
In the most basic sense, a product liability claim means that the manufacturer or seller of a product can be held liable for irresponsibly placing a defective product in the hands of the consumer. The law requires that a product meets certain standards and expectations, so if there is an unexpected danger or defect, the product does not meet these expectations and the manufacturer can therefore be held responsible. It is important to note that there is no federal product liability law, but these claims are based on state laws.
Who Can Be Held Responsible?
As mentioned, it is most often the manufacturer or seller of a product that is held responsible in product liability claims. In order for a product liability case to move forward, the product must have been available and sold to the general public at some point. An interesting aspect of product liability claims is that any person who could possibly have been injured by a defective product can sue the manufacturer. In a nutshell, the plaintiff does not have to be the one injured by the defective product. Just as long as the product was sold to someone, the possibility of a product liability claim is there. In addition to the manufacturer of the product, liability could rest with any of the following:
- The manufacturer of certain parts
- The party who assembles or installs the product
- The wholesaler
- The retail store that sold the product to the consumer
To find out more about product liability cases or to go over your particular claim with one of our knowledgeable attorneys, please contact Atkins & Markoff today.