Do I Have a Product Liability Case?

Posted on behalf of Henness & Haight on Nov 27, 2015 in Product Liability News

Product liability

When you are injured due to the use of a product that is in some way defective, it can be shocking, scary and confusing. After all, you have a right to expect that the products you buy are well-made or at least safe to use. Know what to do in these cases may not always be cut and dried. The first thing that is important to understand is that there are laws in place to protect people who are injured due to the use of a poorly manufactured product. Here is an overview of your rights in a product liability injury case and how you can get the compensation you deserve.

Product Liability Injury

There is a broad range of product defect cases out there, but for the most part, they involve defective manufacture, lack of adequate warnings or defective product design. Anyone who has suffered an injury that was caused by the use of a defective or otherwise dangerous product has the right to file suit against the responsible party.

The responsible party is not always restricted to the product manufacturer. Depending on the circumstances of the injury, it can involve private citizens, manufacturers, corporations, insurance companies, stores, and vendors or even government agencies.

Basis for the Suit

There are several basic factors that may come into play in a product defect case. These are negligence, misrepresentation, strict liability in tort and breach of warranty. The following issues must be demonstrated to ensure you are compensated for your injury:

  • The manufacturer had a duty of care regarding safe use of the product
  • The duty of care was breached
  • This breach was the proximate or actual cause of your injury
  • You suffered an injury due to negligence related to the product manufacture or sale If the injury was caused by false or misleading information such as bad instructions or failure to warn about dangers, you can claim misrepresentation. If the product warranty comes into play, you can file for breach of warranty, and strict liability applies when your injury is not as the result of negligence but the manufacturer or seller is still responsible for the product safety.

Product Liability Attorneys

Whenever you are injured due to a defective or dangerous product, it is important to secure the services of an expert product liability attorney who specializes in this area. An attorney can help you determine the damages you have suffered, from financial losses due to lost wages and an opportunity to medical care and recovery, to damages for pain and suffering. The laws involving defective products are complex and tricky. An experienced product liability injury attorney can help you to evaluate your case and ensure that your rights will be completely protected and you get all of the compensation you deserve and need to move on with your life.

Have you suffered an injury due to a defective product? Henness and Haight has a long tradition of protecting our clients in the face of aggressive insurance companies and negligent manufacturers. Give us a call today for more information and a free consultation of your case.