Who is Eligible to Claim | Defective Product Lawsuit In 2024
If you were harmed while using a product as it is intended to be used, you have the right to seek compensation by filing a defective product lawsuit. The lawsuit is based on a specialized branch of law that focuses on whether items put into the stream of commerce are safe.
Therefore, if the product didn’t include proper warnings or instructions regarding the dangers, customers can claim damages.
According to the Jury Verdict Research data from Thomson Reuters, the highest median award from 2013 to 2019 in product liability was in medical products cases ($4,030,868).
Different types of Defective Product Lawsuit
Here is a list of defective product lawsuit that asserts that the defendant owes compensation to the injured plaintiff. It is because the defendant knew that the product was faulty.
1. Defective design:
The claim asserts that the product is not safe because of how it was designed.
Examples of a design defect include:
- A car that can accelerate on its own.
- A small toy that can be swallowed by a child.
- A gun safety that allows the gun to be fired.
2. Failure to warn:
The claim asserts that the manufacturer or other parties failed to properly warn the consumer or end-user about the dangers.
Examples of failure to warn include:
- A medicine that leads to vomiting, or other side effects if not taken with a glass of water.
- A saw that causes injury if hands are placed incorrectly.
- A child’s chair that is meant to attach onto a table that falls if not installed accurately.
3. Manufacturing defect:
The claim clam asserts that a flaw during the manufacturing process caused the product to be unsafe.
Examples of manufacturing defects include:
- A faulty lock on a car door.
- A safety buckle of the car seat that doesn’t lock correctly.
- Tread lines on tires not gripping the road completely.
In addition, when several people file similar Defective Product Lawsuit, the courts may order that the cases be grouped as multi-district litigation. The large claims are often settled out of court, with the presiding court that approves details of the settlement agreement. Other cases can be decided by a jury.
In a class action, the settlement is publicized and additional customers who were injured by the faulty products can submit evidence that they too, deserve compensation.
Overcoming liability even when the product is defective
Even when the product is defective, some courts use two tests to find that the defendant has no liability. It includes:
- Consumer expectation test.
- Risk utility test.
- Things to prove in order to successfully recover damages:
- You were injured and suffered a loss.
- The product was defective.
- The product was the actual cause of your injury.
- You were using the product as intended.
If you want a lawyer who cares about you and the outcome of your defective product lawsuit, choose Ethen Ostroff. He and his professional connections will ensure you get every dollar possible for what you went through.
