Product liability cases are some of the most common cases brought against major and minor manufacturers every year. American courts handle these lawsuits in a particularly unique way in most cases. However, if you’re completely unaware of product liability laws, knowing whether or not you’ve got a potentially-successful claim on your hands can be difficult. You want to be certain of your chances in court before going through a difficult legal process, after all. To help you choose the right path forward, here is a useful guide to understanding product liability cases in America:
What Exactly is Product Liability Anyway?
Many Americans are confused by the term “product liability.” As it is with most legal terms and cases, the specifics can get incredibly confusing for the regular American. Simply put, product liability occurs any time that a manufacturer bears responsibility for injuries and financial loss caused by a defective product. These products can be defective in one of three major ways (which we will cover in the section below).
If you find yourself a victim of a defective product, filing a product liability case is the best way to receive compensation for your injuries and financial losses. Filing claims against negligent manufacturers is not only your right as an American, but provides a great way to keep would-be reckless manufacturers from harming people for profit.
The Three Core Types of Product Liability Cases:
Product liability cases can vary wildly from case to case. Depending on the type of product you bought, where you bought it, how you used it, what its intended use was, and many other qualities, your case could fall into one of three larger categories. These are the three core types of product liability cases you’re likely to deal with:
1. Defective Design Claims
If a product’s design was inherently defective, or if a manufacturer releases a product into the marketplace knowing that it’s defective, the grounds for a quality product liability case arise. There are many ways a defective design can harm people, both physically and financially. Faulty components, dangerous design intentions, and missing parts can all lead to these types of product liability cases.
Many high-profile product liability cases fall into this category (as do some of the cases with the largest settlements). If a product is released in a way that is counterintuitive to its original design, your lawyer may have the ability to guide you to a huge payout.
2. Defective Marketing Claims
While not as common as defective design claims, defective marketing product liability cases are some of the most frequently filed lawsuits in America. Defective marketing suits are typically created when inadequate, misleading, or knowingly false labels, instructions, or advertisements are used to help sell a product. Customer care is misled by marketing or labels, and this causes them to use the project in a way that injures them physically or financially, they can file a defective marketing claim against the responsible manufacturer.
In the case of tobacco products, the tobacco industry has had tons of defective marketing claims made against them for failing to warn users about harmful side effects related to tobacco use, vaping, and other aspects of nicotine and tobacco-laced products.
3. Defective Manufacturing Claims
Defective manufacturing cases are much simpler than defective design and defective marketing claims. When a manufacturing defect causes a product to be harmful, or to not work in the way that’s advertised, a defective manufacturing suit can be born. Working closely with a product liability attorney is critical before trying to file this type of lawsuit on your own.
You’ll need to meet very specific requirements to file this type of suit effectively. In many cases, defective manufacturing ends up causing widespread issues, and many potential plaintiffs. Due to this, many defective manufacturing claims end up being class-action after a while (and they can lead to absolutely massive settlements in some cases).
Legal Routes for Affected Customers
The first step in receiving compensation for physical or financial injuries you’ve suffered due to a faulty product is contacting a trusted legal professional in your area. In doing so, you’ll have the ability to file claims accurately and effectively.
While time is of the essence in product liability cases, it’s also crucial that you never rush the important legal process that can lead to an impressive, and well-deserved settlement from the manufacturers who knowingly sold you a faulty (and dangerous product). You deserve the best legal representation possible when filing a product liability case.