Know Your Rights: Product Liability Law Explained, in Simple Terms
In 2019, US companies paid out a combined $3.02 billion in product liability insurance premiums. These insurance plans protect companies against consumers who file product liability lawsuits.
Product liability law protects individuals who are injured by a product. If this has happened to you, you may have the right to file a product liability claim. Winning your case means you can recover damages from the party or parties responsible for the product’s defect and, therefore, your injury.
Are you wondering how to get paid after a defective product-related injury? You’ve come to the right place. Keep reading for everything you need to know about making your product liability case.
Product Liability Law 101
Before finding the right lawyer to make your product liability case, you should first determine if you have a case in the first place.
That means you need to know if the product that injured you was defective. It’s also helpful to consider which parties are responsible for the damage.
What Counts as a Product Defect?
If you want to win a product liability claim, your lawyer must be able to prove that a defect in the product caused your injury. There are three types of defects that are most commonly responsible for consumer injury:
- Design defects
- Manufacturing defects
- Marketing defects
A design defect is a problem with the initial product design, causing it to be unsafe. Manufacturing defects occur during engineering or assembly. When a product isn’t marketed correctly (e.g., poor labeling, instructions, or safety warnings) and causes injury, this is a marketing defect.
A secondary requirement for a product liability claim is that the defect had to present “unreasonable danger.” In other words, the product is riskier than you might reasonably expect when using it as intended.
Who’s Responsible in a Product Liability Claim?
So, you’re certain that the defective product did, in fact, present unreasonable danger and caused your injury. What now? You’ll next want to determine the party or parties responsible for the defect.
Product manufacturers and their suppliers are usually liable in cases of design and manufacturing defects while manufacturers and retailers are typically responsible for marketing defects. Other potentially responsible parties in a liability claim include:
- The company that assembled the product
- The company that installs the product
- The wholesaler
Oh, and one other thing. For product liability to apply, you must’ve bought the product from a business. That means filing suit against the seller of a defective product you bought from a garage sale likely won’t fly.
Hire a Product Liability Attorney to Make Your Case
Product liability law shields consumers like you from unsafe products. If you were injured by a defective product that presented to you an unreasonable danger, call a lawyer to help you file a case against the responsible party or parties.
Need more legal advice? Don’t we all. Keep scrolling for the latest tips and news about how the law can keep you safe.