Product liability law applies where injuries or deaths are caused by defective and harmful products. Product liability victims face physical, financial, and emotional loss. Fortunately, the principles and rules of product liability law determine who is responsible for damages caused by defective or dangerous products. Product liability law holds manufacturer and seller liable for distributing a defective product to the consumer. Products should be properly tested before manufacturing in large quantities and should be safe to use.
Many products have seriously injured and even killed people due to the negligence of their manufacturers or suppliers. Under product liability law, a victim can take legal action against manufacturers, distributors, suppliers, retailers, or any other person who make products available to the victim. If the company or seller of the product is found responsible to the consumer, user, or other victim for damage or injury caused by the flawed products, the victim of product liability can demand compensation from the guilty party. Items covered by this area of law include food, drugs, cosmetics, equipment, machinery, and basically all commercial and consumer products.
Product liability actions are quite complex and establishing liability in a lawsuit often requires the assistance of experts. The product liability attorney makes it possible for an injured person to recover damages from the responsible party through a monetary settlement, judgment, or verdict. A product liability attorney claims payment for the victim from the company on three grounds:
A design defect is an inherent flaw in designing and developing a product that makes all of the products manufactured with this design unsafe for their intended use. For example, a company makes a toy that’s designed for babies. If the company used small parts that could easily make a child choke or used lead paint that is poisonous for babies, it would be called a design defect.
A manufacturing defect exists when a mistake in the manufacturing process causes the product to be unsafe for its intended use. It can be the result of human error, a malfunction in the assembly line, or a defect in a component or part. The product liability attorney can help the sufferer get compensation on the ground of a manufacturing defect.
Marketing or Warning Defect
A company must disclose or warn of potential risks of the product, using appropriate instructions and/or warning labels. Suppose a company fails to warn the general public about a known or potential hazard through sufficiently clear and conspicuous instructions or a warning label on the product, thereby causing harm to consumers. In that case, there may be grounds for a product liability lawsuit.
Sometimes a product manufacturing company or vendor is wrongfully charged for a product liability case, and a product liability attorney can also represent as defendant those who manufactured and sold the units or were otherwise formed a link in the chain-of-distribution.
Andover product liability attorney Edward Denn of Denn Law Group LLC can meet with you to determine the merits of your case and represent you and represent you in the prosecution or defense of a lawsuit. Edward Denn, is an experienced professional Sudbury product liability attorney who has obtained exceptional results in product liability cases.