If you’ve been injured because of a product, you may have legal rights to compensation. Product liability law is as wide ranging as the products in the marketplace, from the simplest hand tools to the most complex airplanes, from pharmaceuticals to sporting goods.
Those putting dangerous products into the marketplace can be held liable for their actions and compensate victims for their injuries. Potential defendants include the manufacturer, distributors and retailers. There are different ways such a lawsuit can be approached,
- A negligence claim would be based on the defendant’s failure to exercise proper or ordinary care. The party had a legal obligation to make sure the item was safe for its intended use and failed to do what should have been done or did something that should not have been done. Negligence can be found if there’s a lack of reasonable care in the production, design, or assembly of the product that caused harm.
- Products may have either an express (written) warranty, and/or an implied warranty of merchantability (it’s safe to use for its intended purpose). A breach of warranty claim would allege the defendant failed to fulfill the terms of a promise, claim, or representation made concerning the quality of the product.
- If the advertising and sales promotion of a product gave consumers false information or assurances about the safety of a particular product, there could be a misrepresentation claim. This normally happens when attention is drawn away from the hazards of the product’s use. The plaintiff would need to prove that he or she relied upon the representations that were made and suffered harm as a result.
- For a legal claim based on strict liability, an injured party would need to prove the product was defective, that defect was the cause the injury, and the defect made the product unreasonably dangerous.
Product liability cases can be complex, so if you or a loved one has been injured by a defective product, contact the experienced plaintiffs’ attorneys at The Bloom Firm. Time limits apply to product liability cases, so don’t delay.