Defective Product Liability

A defective product liability claim allows individuals, who have been injured or suffered damages due to a defective product to seek compensation from the responsible parties. Here are some key points regarding defective product liability claims:

1. Legal Basis: Product liability claims are generally based on the legal principles of negligence, strict liability, and breach of warranty.These principles hold manufacturers, distributors, and sellers accountable for injuries and damages caused by defective products.

2. Defective Product: To have a valid claim, you must demonstrate that the product was defective. There are three main types of defects:

• Design Defect: The product’s design is inherently flawed or dangerous.
• Manufacturing Defect: The defect occurs during the manufacturing process, resulting in a product that deviates from its intended design and is dangerous.
• Marketing Defect: There is a failure to provide adequate warnings, instructions, or labels regarding the proper use or potential risks associated with the product.

3. Parties Held Liable: Depending on the circumstances, various parties may be held liable in a defective product claim, including the manufacturer, distributor, retailer, and potentially others involved in the product’s supply chain.

4. Negligence and Breach of Warranty: you may also pursue a claim based on negligence if you can prove that the defendant(s) failed to exercise reasonable care in designing, manufacturing, or selling the product. Breach of warranty claims can be made if the product did not meet the express or implied warranties provided by the manufacturer or seller.

5. Causation and Damages: To succeed in a defective product claim, you must establish a causal link between the defect and your injuries or damages. You are entitled to seek compensation for various damages, including medical expenses, pain and suffering, lost wages, and other related costs.

To pursue a defective product liability, it is advisable to consult with a personal injury lawyer who specializes in product liability cases. They can assess the specific details of your situation provide.