Product Liability, What is it?
Product liability in the United States has a broad reach. It’s an area of the law designed to hold those that make, sell, or distribute products responsible for the safety of their product. If someone gets injured due to a company’s negligence, that person has legal rights.
Mainly developed by case law, product liability laws are anything but static and can be very confusing. That’s why hiring a product liability attorney is a good idea if you become injured by a product. They can help you with the civil claim to recover compensation due to the damages owed by the liable company.
How to Know if You Have a Winning Case: The 5 Rules
The law is clear that you need to meet specific standards if you are going to prove the company has done anything wrong or was negligent in any way. Generally, you must demonstrate these five things to have a winnable case:
- The product was the cause of the injury.
- There was something wrong or defective about the product.
- The defect itself was what caused the damage.
- The plaintiff was using the product as the manufacturer intended.
- The plaintiff can be compensated for the damage.
Show each of the previous statements, and you may have a winnable case.
Common Misunderstandings About Product Liability
It’s sometimes thought that the ability to bring a suit against a company only belongs to the owner of the product. That, in most states, is not true. If a product is borrowed and causes injury, that person can still sue for damages.
If the warranty is no longer valid, as long as the product is still in its original condition, it can still cause a lawsuit. If, however, the product has been altered in any way, it becomes difficult to hold the company responsible, although it can be done.
The manufacturer does not need to know that the product was potentially harmful. If the manufacturer could have reasonably foreseen the cause of damage, it can be held liable.
These are just a few of the complexities of product liability, and each state has its unique laws. Given that case law can change almost daily, it’s all the more reason to hire a professional.
We’ve only touched the surface of the world of case law. For an up-to-date resource, it’s a good idea to consult the American Bar Association. They are, by far, the most comprehensive resource out there, but there’s no need to try and wade through the murky world of the legal system alone.
The fact that, on average, the people that hire attorneys receive payouts of around $76,000, and those that don’t typically net $17,600 is just one reason to retain counsel. Those without an attorney have a 51% chance of seeing compensation. Those with one are in the 91% category.
Of course, there are many factors when it comes to filing suit against a company; there is no one-size-fits-all solution. That’s why it’s a great idea to talk to a lawyer. They do, after all, offer free consultations.
Looking into Product Liability? The people at Los Angeles Product Liability Firm: https://www.losangelesproductliabilityfirm.com/ are here to help. Contact them today to see what they can do for you!
This article is a guest post from Barbara Parson who works at Los Angeles Product Liability. She has been involved with personal injury and burn injury lawsuits for the past twelve years and wants to share her knowledge with others.