Product Liability Lawsuit In 2024: A Simple Way to File a Claim
Generally, sellers and manufacturers along with distribution chains, such as wholesalers, distributors, and retailers can be held legally responsible for a defective product that causes injuries to customers.
There are two types of product liability claims recognized by product liability laws:
- Claims based on defective design.
- Claims based on defective manufacturing.
Different elements of a product liability claim
In a product liability case, a customer needs to prove various elements, such as:
- The product has been sold in the marketplace to the customer.
- A manufacturer or a seller was under an obligation to manufacture or sell the product to satisfy the unique expectations of customers.
- The product contains a design or manufacturing defect.
- The defect in product manufacturing is extremely dangerous.
- It is predictable and foreseeable that a customer can be injured by the defect.
- The injury caused various types of damages to the customer.
Things to do if you have been injured by a defective product
- Seek medical attention.
- Document your claim.
- As your time to sue is limited, contact an experienced personal injury lawyer to file a lawsuit.
How to file a product liability lawsuit?
Negligence theory of recovery
It requires that a defendant distributor, seller, or manufacturer owes consumers a duty to make, distribute, and sell products that are free from defects. However, if a customer is injured, they must show that the defendant breached that duty.
In addition, the plaintiff sustained an injury that can be remedied by an award of damages.
Compensation for expenses measured in dollars includes:
- Cost of physical therapy.
- Hospital expenses.
- Medical expenses, such as doctor’s visits.
- Other expenses related to the injury.
Strict liability theory of recovery
It allows recovery in certain types of cases. The customers have to prove how a product manufacturer was negligent in their product design. As a result, it becomes burdensome or even impossible.
However, in some cases, the law may permit a plaintiff to file a lawsuit under the theory of strict liability. In this theory, it doesn’t matter how carefully a product was made, the defendant is still liable if a consumer suffers product liability injuries.
A plaintiff must prove:
- The manufacturer sold the product
- The consumer used the product in a foreseeable or intended manner.
- A defect in the product leads to an injury to the plaintiff that results in damages.
- The product wasn’t substantially changed from the condition in which it was first sold.
If you want a lawyer who cares about you and the outcome of your product liability lawsuit, choose Ethen Ostroff. He and his professional connections will ensure you get every dollar possible for what you went through.
