Product Liability Lawsuit Information and Case Examples...
Numerous sellers and manufacturers of defective products are named in
lawsuits each year. A product liability lawsuit
seeks to establish that the product causing an injury was defective,
and that the defect made the product unreasonably dangerous.
These defects can be in:
-design (how the product was engineered);
-manufacture (how the product was made); and/or
-marketing (effectively, that the advertising for the
product set unreasonable expectations for the product's effectiveness
and safety).
Defective
products can include:
-prescription medications with
dangerous side effects
-defective medical devices
-faulty automobile
parts
-contaminated food or supplements
Anyone hurt by a defective
product can file a product liability lawsuit to recover costs relating
to their injuries.
A
product is considered defective if it doesn't work as
expected and exposes its user to an unexpected danger.
Many definitions
of reasonable consumer expectations come from the Uniform Commercial
Code, which extends a set of guidelines on interstate
commerce. As long
as the product is used in its intended fashion, and it still results in
harm to the user, the product may be considered defective.
Some products are dangerous by design: knives,
explosives,
chemicals, chainsaws, etc. In this case a product liability lawsuit
would have to establish that there was insufficient warning about the
inherent lack of safety with the product.
If a product is unavoidably unsafe the user is
still
responsible to act in a reasonable way when using it.
If the user did
act reasonably and the product still malfunctioned in some way causing
them to be injured, they may have grounds for a product liability
lawsuit.
So if you burn your hand on a stove, you probably
don't have a
case because it's reasonable to expect a stove to be hot. Also, putting
your hand on the stove is an unreasonable use of the product.
But if
the stove was advertised as "cool touch" and you got burned anyway, you
may have a case that the stove was defective.
Read the following case examples to
better understand how a product liability lawsuit works:
Class
Action Claim Asserting The Defendant Ran a Pyramid Scheme -
In this class action claim the plaintiffs are seeking damages from the
defendant for defrauding them in what they assert was a pyramid scheme.
Negligence
Lawsuit Seeking Only Economic Damages - In this negligence
lawsuit the plaintiff is seeking damages for his truck catching fire
due to the faulty installation of a light bar.
Personal
Injury Accident Claim Seeking Damages After Plaintiff Sat on a Faulty
Chair - In this personal injury accident claim the plaintiff
is seeking damages for personal injuries that resulted from a chair
collapsing when he sat on it.
Still
have questions about a product liability lawsuit? Click Here
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