There are many types of personal injury
claims, and one common type is a product liability claim. These claims are for
personal injury cases that involve a defective product. If you or a loved one
was injured by a product, and you want to determine if a lawsuit is the right
next step, keep reading to learn more about product liability.
What Is Product Liability?
When you buy a product at the store, you
assume it's not designed to suddenly hurt you without warning. However, in some
cases, something goes wrong, and a product can cause injuries. This is known as
product liability and it can happen for various reasons. First, the product may
simply have been designed so poorly that it causes injury. In these cases, all
the products are affected.
In other cases, only a handful of products
are defective because something went wrong during their manufacturing. While
the design is good, manufacturing defects increase the risk of injury. Finally,
the manufacturer also needs to ensure there are adequate and correct directions
and warnings on the product, so the consumer knows how to use it correctly.
What Type of Settlement Can You Receive?
When the courts determine your settlement,
they will consider many factors. First, they will calculate your medical bills
and lost income related to the defective product. In more severe cases, you may
have long-term pain and suffering, which can be harder to calculate. In
general, pain and suffering refers to any long-term or permanent mental or
physical changes because of the accident.
For example, if a defective product caused
a cut on your face, it may leave a scar. This scar and any nerve damage from
the scar are forms of physical pain and suffering, but if the scar also causes
depression or affects how often you leave the house, it is also a form of
mental pain and suffering.
In rare cases, the courts may also award
you punitive damages. This is more of a punishment for the manufacturer and may
be used in cases where there was gross negligence or the company knew the
product might be defective.
Who Can You Sue?
Naturally, if a product was designed or
manufactured incorrectly and caused injury, you can sue the person who created
the product. However, in most cases, you don't buy products directly from a
manufacturer. There are others involved, including shipping companies and
retailers.
All these people have a duty of care, so
even though the store didn't make the product, they had some responsibility to
ensure the products they sell are safe. As a result, you can end up suing
everyone involved in manufacturing and distributing the defective product.
Can the Courts Hold You Responsible?
Naturally, the defendant will try and
defend themselves so they have to pay you nothing or only a small settlement.
One way the product manufacturer may try to turn responsibility onto you is by
claiming you knew about the defect but kept using the product.
In other cases, defendants may claim you
weren't using the product correctly at the time of the injury. For example, if
you are using a chemical with instructions to use in a well-ventilated area,
but you don't, and the fumes make you sick, you may be held liable because you
didn't follow the instructions.
If a product causes you harm, you can often
sue the manufacturer and distributor of the product. When you use a product,
make sure you always follow the directions, and if a product does seem to be
defective, stop using it. If you would like to know more about personal injury
claims related to product liability, contact us
at the Law
Offices of Robert Dodson, P.A., today.
