The companies that design, manufacture, distribute and sell products have a responsibility to consumers to ensure that the products are safe. A product liability claim is a lawsuit by a person or a group of people who were injured because a product was dangerous by design or had hazardous manufacturing flaws. In some situations, manufacturers can be liable for failing to properly instruct consumers about how to use the product safely or to warn them about the risks they may encounter.
Almost any product that causes an injury could be the subject of a product liability lawsuit. Some of the most commonly filed lawsuits involve:
- Dangerous drugs and pharmaceuticals
- Defective medical devices (hip replacements and knee replacements, for example)
- Child and infant products (infant and child safety seats, baby furniture and toys, for example)
- Industrial equipment (such as those that cause oil field accidents)
Who can file a defective product lawsuit for product liability injuries?
Any consumer who was injured by a defective product can file a product liability lawsuit. It does not matter whether the person injured was the same person who actually bought the product. A claim could be brought by someone who was loaned or given the product, children (in the case of toys, safety equipment, etc.) patients (in the case of claims involving unsafe drugs or medical devices), passengers (in the case of a defective vehicle), and so on.
When a product injures many people due to the same defect, they might be able to sue as a group in a class-action lawsuit.
Who can be sued for a product liability lawsuit?
Any of the people or companies involved in the process of bringing a product to market could be sued if the product was defective either at or after the point where they were involved. This might include the designer of the product, the manufacturers involved in making the product or its component parts, assemblers, distributors, wholesalers and retailers.
In many states, the courts follow a rule of “strict liability” in product liability cases. This means that if a product is defective and causes injuries, those involved in bringing that product to market could be held responsible even if they didn’t know it was defective at the time. This rule was created to help consumers recover for their injuries and motivate everyone involved in manufacturing and selling products to ensure that those products are as safe as they can be for everyone who may use them.
If you or a loved one has been injured as a result of a product which was dangerous by design or had hazardous manufacturing flaws, then you may be eligible for premises liability compensation. This compensation can be used to cover medical expenses, pain and suffering, and other expenses incurred as a result of these unsafe conditions.
To get the representation you deserve, contact the Farha Law Firm to help you navigate through the complicated products liability dispute with the insurance company. The Farha Law Firm is here to help. Please call the Farha Law Firm to put our experience and aggressive legal representation to work for you. There is no obligation when you contact us and the initial consultation is free.