Personal
Injuries from Dangerous or Defective Products
When someone is injured while using a product that left the manufacturer
or seller's hands in a defective or dangerous condition, he or
she may be able to recover the resulting damages from the responsible
party in a products-liability-based personal injury suit. Products
liability law is based on the responsibility of a manufacturer
or other provider of goods to compensate users of the goods for
injuries caused by defective or dangerous products that it placed
into the stream of commerce. The basic idea underlying products
liability law is that the companies providing the products are
usually in the best position to prevent defective products from
entering the marketplace, so if they fail to do so, they should
be held accountable. An experienced and knowledgeable personal
injury lawyer can advise injured persons on whether they may have
a claim against a product manufacturer or seller and can help
them recover the damages to which they are legally entitled.
The Plaintiff's Burden in a Dangerous or Defective Product
Personal Injury Case
Although products liability law has evolved from the days of "caveat
emptor" (let the buyer beware) to the imposition in appropriate
cases of "strict liability," under which manufacturers
are responsible for injuries caused by their defective or unreasonably
dangerous products even if they were not negligent, the personal
injury plaintiff still has a job to do. In a products liability
action, the injured person, or plaintiff, must prove, for instance,
that there was a design or manufacturing defect in the product,
or that the manufacturer did not adequately warn consumers about
the product's possible dangers. In addition, he or she must establish,
through relevant and credible evidence, that the product caused
the injuries, and that he or she was using the product in the
way it was intended to be used, or that the manufacturer should
have anticipated that the product would be "misused"
in the way that it was.
Manufacturing defects are usually easier to prove than design
defects. If a particular consumer's gas fireplace explodes when
first lit, for example, it is evident that that fireplace was
not manufactured as the designer intended it to be. A design-defect
case, on the other hand, could arise if many or all fireplaces
of a manufacturer's particular model posed a threat of explosion.
Proving a design defect involves passing judgment on technical
choices and usually requires expert testimony. In a design-defect
case, the product may have been manufactured as it was intended
to be, but the design was inadequately planned in such a way as
to pose unreasonable hazards to consumers.
Proving causation in a products liability case can be tricky.
The plaintiff must establish that the product was defective when
it left the hands of the defendant manufacturer, distributor,
or seller, and that the defect was the cause of the accident that
led to the plaintiff's injuries. If the injuries could have arisen
from several potential causes, the plaintiff usually must establish
that the product defect had a substantial role in bringing about
the injuries.
Bases of Recovery in a Dangerous or Defective Product Personal
Injury Case
Possible legal theories that can be argued in a products liability
case include negligence (lack of reasonable care in the manufacture
or sale of the product or in warning about the product), breach
of warranty (failure to fulfill the terms of a promise regarding
the product's performance), misrepresentation (giving consumers
a false sense of security about a product's safety), and strict
liability (under which the product's defect, although not the
fault of the defendant, rendered the product unreasonably dangerous
and the defendant is therefore responsible).
Although there is no limit to the list of products that could
form the basis of a products liability suit, some of the more
common product categories include apparel, motor vehicles, asbestos,
chemicals, cosmetics, firearms, machinery and tools, medical products
and devices, pharmaceutical products, recreational products, and
tobacco.
Conclusion
Persons injured by dangerous or defective products need the counsel
of skilled veterans of personal injury and products liability
law in order to advise them on the complexities of their case
and guide them through the legal system toward the most favorable
outcome. If you or someone you know has suffered personal injuries
as a result of using a dangerous or defective product, an experienced
and knowledgeable personal injury lawyer can advise you on whether
you may have a claim against the product manufacturer or seller
and can help you receive the maximum damages recoverable under
the applicable law.
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