Product Liability Lawsuits: What You Need to Know

When we purchase a product, we trust that it will be safe to use. Unfortunately, this is not always the case. Product defects can cause serious injuries or even death. If you or a loved one has been injured by a defective product, you may be able to file a lawsuit to recover compensation for your damages.

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What is a Product Liability Lawsuit?

A product liability lawsuit is a type of personal injury claim that seeks to hold manufacturers, distributors, and retailers responsible for injuries caused by their products. According to the Consumer Product Safety Commission (CPSC), there were approximately 180,000 product-related injuries in the United States in 2020 alone.

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Types of Product Liability Actions

There are three types of product liability actions:

1. Design Defects: These defects are present in a product before it is manufactured. A design defect can cause a product to be inherently dangerous, even if it is manufactured properly.

2. Manufacturing Defects: These defects occur during the manufacturing process. A manufacturing defect can cause a product to be dangerous, even if the design is safe.

3. Marketing Defects: These defects occur when a product is improperly marketed or sold. For example, if a product is marketed as safe for a particular use when it is actually dangerous, this could be considered a marketing defect.

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Who is Liable for a Product Defect?

When a product defect results in injury or death, there may be several potential parties who could be held liable for the harm caused to the victim. Here are some examples of parties who could be held responsible in a product liability lawsuit:

1. Manufacturer: The manufacturer of the product could be held liable if the defect was caused by an error in the design, production, or testing of the product. Manufacturers have a legal duty to ensure that their products are safe for use and can be held accountable if they fail to meet that standard.

2. Distributor: A distributor may be held liable if they knew or should have known that the product was defective or dangerous and failed to take appropriate action to prevent harm to consumers.

3. Retailer: A retailer may be held liable if they sold a defective product or failed to provide adequate warning about the potential risks associated with using the product.

4. Installer or Repairer: If a product requires installation or repair, the installer or repairer may be held liable if they do not properly install or repair the product, leading to injury or death.

5. Government Agency: In some cases, a government agency may be held liable for failing to properly regulate the safety of a product. For example, if a product is allowed to be sold even though it does not meet safety standards, the agency responsible for regulating that product may be held responsible.

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What Damages are Recoverable in a Product Liability Action?

In a product liability action, the injured party may be able to recover various types of damages, including:

1. Medical expenses related to the injury caused by the defective product.

2. Lost wages if the injury causes the injured party to miss work.

3. Pain and suffering caused by the injury.

4. Punitive damages, which are designed to punish the defendant for their actions.

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Why Product Liability Cases are Complex

Product liability cases are often complex because they require a deep understanding of both the law and the product involved in the case. Additionally, these cases often involve multiple parties and require extensive investigation and expert testimony. It is important to hire an experienced personal injury law firm to handle your product liability case.

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Why You Need Phillips & Associates for Your Product Liability Case

A product defect lawsuit is a complex legal matter that requires the expertise of an experienced attorney. Phillips & Associates has been handling product defect lawsuits for more than 30 years. We can help you understand your legal rights and options, as well as the intricacies of product liability law insofar as they impact your case.  We will also investigate and conduct discovery to build the strongest possible case and negotiate with the manufacturer or distributor for a fair settlement. Additionally, a can help you navigate the court system, if necessary, and ensure that your case is heard and that you receive the compensation you deserve.

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Phillips & Associates handles all product liability cases on a pure contingency fee basis, meaning there is no up front fee for our services. We only receive a fee if we are successful in recovering compensation for you. If you are considering taking legal action for a product liability case, either Patrick or John can provide you with a free consultation to discuss your case and determine the best course of action to take. Patrick and John will walk you through the entire process, answer any questions you may have, and explain how we can work with you to maximize your chances of success.