Product liability law was created so that people would be protected from defects in products they buy, and can sue for damages if there’s an injury while using one of these products. Such law covers defects both in the actual design of the items, or flaws in production services. Even labeling falls under this law, since any product that is inherently dangerous is required to have proper warnings affixed to it. The goal of such law is that all products should be safe, and consumers themselves should have redress when they encounter a product that isn’t safe.
In many states, product liability is a matter of what is known as “strict liability,” where if products are discovered to be defective, then the manufacturer is viewed as wholly liable, even if there was some negligence or fault in how the person used the item. In a case of the manufacturer’s negligence, on the other hand, the user’s own fault might be considered in the case. Sorting such things out will usually require the assistance of a product liability attorney.
In a product liability case, you will need to show that damage has occurred to yourself or to your property. In the case of improper labeling of a dangerous product, you must prove that the item wasn’t labeled correctly; as such consumer products are legally required to be. Or if there’s a defect in the design, a flaw in the manufacture or some problem caused by the distribution, then you’ll need to prove that as well. And of course, you must show that you used the product as it was intended to be used.
There are different kinds of liability recovery. The simplest is replacement cost of the product itself. But you may go on to seek other costs, to cover damage to your property or expenses due to medical injury. There may also be punitive costs to the manufacturer, designer or distributor, if you can demonstrate exceptional negligence or irresponsibility on their part.
Expert attorney advice and counsel can work with you to win your case if you suffer injury or damage from defective products. They can also give you information about warranties, labeling, and what federal and state laws say about safety and design of products. By working with an experienced attorney, you can protect yourself and you can also use product liability law to help increase the safety of all products on the market.
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