When a company manufactures a product, it is their duty and obligation to ensure that the product is as safe as possible. In situations where dangers are inherent to the use of a product, a company also has the obligation to adequately warn buyers of the risks that exist. If there is any failure on the part of a company to fulfill these responsibilities, consumers may be injured or even killed. When this happens, many injury victims find that filing product liability claims is their only recourse for recovering the compensation they deserve and for motivating manufacturers to produce products that meet the strictest of safety guidelines.
Types of Product Liability Claims
There are three main types of claims related to product liability. They are:
- Defective manufacturing
- Defective design
- Defective marketing or failure to provide appropriate warnings or instructions
In short, any failure by any party involved in the manufacture and distribution of a product to ensure the safety of consumers can result in a product liability claim.
How to Prove Product Liability
To win a product liability lawsuit, there are four basic elements that must be proven. These elements are:
- An injury or damage occurred
- The product was defective or lacked appropriate warnings
- The defect or lack of warnings was the cause of the injuries
- The product was being used for the purpose which it was intended when the injuries resulted
All four of these elements must be proven for a lawsuit to be successful. If there is any question as to the validity of any of these elements, the possibility of receiving compensation decreases significantly.
Types of Compensation
The most common type of compensation for product liability lawsuits are compensatory damages. This includes money to compensate for economic losses like medical bills, lost wages, and property damages. It may also include compensation for pain and suffering. In some cases where the defendant was particularly negligent or irresponsible, punitive damages are also possible.
Where to Turn for Help
Product liability cases can be complex and legal requirements may vary by state. Therefore, anyone that has suffered an injury or damages from the use of a defective product should contact a product liability attorney as soon as possible. All product liability lawsuits are subject to statute of limitations requirements, so quick action is often essential. For a FREE consultation with a product liability attorney at the Snapka Law Firm, please call (361) 888-7676 or toll-free at (866) 888-7676 now.