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.
-design (how the product was engineered); -manufacture (how the product was made); and/or -marketing (the advertising or labeling for the product set false expectations for effectiveness and safety). Anyone hurt by a defective product can file a product liability lawsuit to recover costs relating to their injuries. Defective products can include: -prescription medications with dangerous side effects -defective medical devices -faulty automobile parts -contaminated food or supplements A
product is considered defective if it doesn't work as
expected and exposes its user to an unexpected danger. 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. 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. Product Liability Case Studies:Playground Accident Personal Injury Suit - This case example deals with a child being injured on a private school's playground. There are two theories of liability discussed: negligence on the part of the school and product liability on the part of the equipment manufacturer. Dangerous Medication Interaction - Here we look at a case where the victim suffered harmful side effects from taking two drugs together. Although a doctor prescribed the medications, liability falls on the manufacturer because of inadequate warnings. Product Liability
Article Dealing with a Dangerous Toy
- A child is burned by a defective electronic doll in this case
example. We examine the concept of strict liability and discuss
settlement negotiations. Negligence Lawsuit Seeking Only Economic Damages - In this negligence lawsuit the plaintiff is seeking damages for his truck catching fire due to a faulty electric winch. Personal Injury Accident Claim Seeking Damages After Plaintiff Sat on an Improperly Assembled Chair - In this personal injury accident claim the plaintiff is seeking damages for injuries resulting from a chair collapsing when he sat on it. The chair was improperly assembled and on display at a furniture store at the time of his injury. Return from Product Liability Lawsuit to the Personal Injury Settlement Guide How Much Is Your Case Worth? Find out NOW! Complete this form for a FREE case review by an experienced attorney... The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter. Click below to read our full User Agreement, Disclaimer and Copyright Information.
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