3 Common Categories to File a Product Liability Lawsuit
It is often tempting to believe that you must have made a mistake while dealing with an injury brought on by a product, such as a lawnmower or medical gadget. Many of these goods are pushed to the market without enough testing and without addressing major defects that could result in injury. The Consumer Protection Act of 1987 establishes strict liability for claims of defective products. According to the law, culpability is based solely on deficiency rather than a fault. A manufacturer of a product may be held responsible for damages if they intentionally or unintentionally place an unsafe product in the hands of consumers. This article outlines the three fundamental categories for filing a product liability lawsuit.
Hiring a Lawyer:
Due to the complexity of the subject matter, product liability frequently necessitates the expertise and resources of an experienced personal injury lawyer. Hiring a knowledgeable product liability attorney is your best option if you want to be awarded the most compensation for your injuries. You can contact Eatons solicitors if you are looking for a personal injury lawyer for your claim. Make sure to get legal counsel as soon as you can because there are statutes of limitations for submitting a product liability claim.
Negligence:
Before you may hold an entity legally accountable for the harm, the legal principle of negligence must be established. Four elements must be proven in court for negligence claims:
- Duty: The first stage in evaluating a negligence claim is determining whether the defendant owes a legal duty of care.
- Breach: If you are harmed due to a faulty product, the defendant violated this duty of care.
- Causation: The third requirement is to demonstrate that the defendant's carelessness was the real cause of their harm.
- Damages: This requirement states that the plaintiff must be able to receive compensation from the court for their harm.
Strict Liability:
A lawsuit brought under the strict liability provisions of the Consumer Protection Act of 1987 is typically more legally actionable than a negligence claim. A strict liability claim can be made against any product supply chain participant because this approach emphasises the product fault more than the defendant's actions. Product defect allegations generally fall into one of three categories:
Design Defects:
The defendant may be held accountable if a product's design flaw caused the plaintiff's injuries or if the product is inherently unsafe. A vehicle with a high centre of gravity overturning readily at greater speeds and in strong winds is a common illustration of a flawed design.
Manufacturing Defects:
These are products that may have been correctly designed, but a manufacturing mistake renders them dangerous for users. Recalling the automobile example from earlier, a manufacturing flaw can result in a collision if the vehicle's brake pads are missing.
Failure to Warn:
These occur when a product fails to sufficiently alert customers to potential risks when being utilized. For instance, if a cough syrup was properly manufactured and deemed to be generally safe, but the label failed to appropriately inform customers that combining it with aspirin could have dangerous adverse effects, a product liability claim based on failure to warn could be filed.
Breach of Warranty:
The promise or guarantee a product makes regarding its functionality forms the basis of this category. Warranty terms can be either stated or implicit, and they can be either bound in time or offered as a lifetime guarantee. A claim for breach of warranty can be made against any party in the product supply chain.
Final Thoughts:
A product's creators, designers, or other stakeholders in the supply chain could make a mistake that could seriously hurt someone using the product. In such a case, the victim may sue the parties at fault under the law of product liability. Your prospects of obtaining the highest possible compensation can be improved by understanding how product liability legislation operates.
