Understanding Product Liability Claims
You might be surprised to learn that millions of people are hurt every year as a result of defective products! Product liability laws were created to help protect consumers against harmful or dangerous products by providing them the right to obtain compensation for injuries caused by a flawed product.
How do you know if a product is “defective?”
It important to understand that a product must cause the injury or damage while being used in its normal and intended use before it can be considered defective. The three reasons a product is considered defective are as follows:
1. Error in its design. This means that the product contains a flaw in its design that makes it inherently dangerous.
2. Error in manufacturing. A product that was made incorrectly or with ineffective materials can be considered defective.
3. Error in marketing. The failure to provide adequate warnings or proper instructions for safe use can result in a product being defective.
How do you prove a product liability claim?
There are four primary elements in a product liability claim: (1) you have sustained an injury or some type of loss, (2) the product is defective, (3) the defect was the cause of your injury or loss, and (4) you were using the product for its intended purpose or in a reasonably foreseeable way when the injury or loss occurred. If these four elements can be proven, you may be entitled to recover compensation for your medical bills, lost wages, and any other damages you have suffered.
What is strict liability?
In most products’ liability cases, the defendant must have done or failed to do something with negligence, recklessness or the intent to cause harm. However, in a small number of lawsuits, the defendant can be held “strictly liable” for your damages even if the defendant did nothing wrong. For example, if the product is more dangerous than it should be or it contains insufficient warnings, strict liability may be imposed upon the product designer, manufacturer or seller.
If you have suffered an injury from a product, but you are not sure if it qualifies for a product liability claim or if you can recover damages, contact the Law Office of Alex Cha & Associates for help. We will review the facts surrounding your case, answer your questions, and work with you to obtain the full and fair compensation you deserve.