This article deals with situations in which a product is deemed to have affected the health of a person. A product you use in your routine, may leave with an irritating condition, it can or can become a serious long term health problem. The doctor’s fees, the treatments and medications could all be extremely expensive and cause a person to lose his/her job or leave him unable to run his/her business for an indefinite period of time. This situation will ultimately lead to a court case. It will then require a product liability attorney to stand for the affected person.
It could be a case that a product had been removed from the market by the manufacturer, and the negative effects of the product start becoming visible after some time.
In this article, we will focus on the laws for such situations.
An overview of the Product liability law
In product liability cases, parties that are connected to the manufacturing of a specific product will all be held liable to pay for any damage caused by the product. Now, there could be many parties involved in the chain of production, or a single manufacturer can be held responsible. Overall, the main individual/partners/company that manufactures the product will first be held accountable. Then the main assembling line manufacturer, the wholesalers and all the retail outlets owners will also have to bear some accountability for any injury or damage the product/products have caused to buyers/consumers.
Any product whether sold or rented to customers that had inherent defects, or harmful chemicals, would be subjected to a product liability case. Remember, products could be tangible or intangible. For example, any type of property bought by a consumer, any type of gas product like a perfume/mosquito spray, any type of pet that caused harm when they should not have, can instantly lead to a lawsuit. Also, any type of real estate like a house sold despite the fact that it was not built according to the law, and has caused an injury to the resident will constitute a lawsuit.
A typical case
Check out a typical situation that may lead to filing a product liability lawsuit:
- The producer, now defendant, sells his/her product to a trusting plaintiff that is used
- The defendant is the commercial seller of the product
- The plaintiff has suffered health problems, like breathing problems, sudden memory loss, or any other injury that may lead to loss of consciousness, resulting in the victim falling and injuring his/her head
- When the defendant sold the product, it had inherent defects and they were not caused by the plaintiff.
- The defect in the product was the actual as well as the proximate cause (proximate cause means being close to what could cause something to happen) for the injury the plaintiff has suffered
The different kinds of liability lawsuits
The lawsuits and claims concerning product liability can be filed on the basis of negligence or strict liability (which means liability is not related to negligence or any intention to do harm). Another basis for filing the lawsuit could be warranty coverage for certain parts of the product that were deemed to perform the specific function, but due to mishandling, it has caused damage to the victim.
Lacking uniformity in the features of a product could cause injury too. Model Uniform Products Liability Act (MUPLA) published by the United States Department of Commerce, is an attempt to address the importance of product uniformity. They are trying to frame any lack of uniformity in a production line as blatant tort that is open to product liability proceedings in courts.
The precise proceeding and law concerning a product liability case will depend on the jurisdiction where the case has been filed. Different jurisdictions have different standards and laws for such liability cases.
The role of a product liability attorney
Now you know that you have legal rights to sue any product manufacturer for complete compensation if the product has caused you injuries or damages.
However, it is not always easy to prove the product was really the cause of the problem. If you buy a product, use it in the shop, in front of everyone, and then get injured or show clear symptoms of physical problems, then it is an open and shut case. Unfortunately, that’s not usually the case.
A product liability attorney is a person who has specifically studied and trained to handle such cases. The attorney usually has a lot of experience dealing with manufacturers, their attorneys and different jurisdictions.
The producer at-fault will probably recall all his/her products from the markets. With such a move, the manufacturer will only make it more obvious that the product was defected. But again, that is not always the case. It could have been only with the specific product the buyer had bought that was defected. And that is really when a product liability attorney comes in handy to do the job for you.
The product liability attorney tends to help victims get the compensation they rightfully deserve. And their money for the products must also be refunded in full.
He will establish a link between the product and your injury. He will deal with the product manufacturer. It is his duty to collect evidence and medical proof to substantiate the claim against product liability case beyond the shadow of a doubt.
If you want to file a product liability lawsuit, you must collect all your medical bills and all expenses you had to pay to deal with the injuries. And get the compensation and refunds you are legally entitled to.
Hiring a product liability attorney is a must to win your court case. You are entitled to have the desired compensation for your claim.
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