Product Liability and Your Rights
When it comes to Product Liability, there are a lot of misconceptions that come from people facing legal issues in this area of the law. If you think you have a right to fight someone on a liability claim, you should contact an attorney so they can discuss your options with you. Even if you did not purchase a product yourself, you can still hold the maker of the electrical cord, its distributor, its wholesaler, and the retail store where it was originally purchased liable for product viability if the product caused injuries and damages.
Research from the U.S. Consumer Product Safety Commission indicates that defective or unsafe products cause 29.4 million injuries and 21,400 deaths each year. You or your child may be injured by something seemingly harmless or something you use every day, such as a hairdryer, toaster, baby chair, toy, iron, coffee maker, air conditioner, car, hand tool, or even your clothing.
Because of this, consumers have the ability to sue for and recover damages from manufacturers, distributors, and vendors for injuries resulting from accidents caused by consumer products. A term we use to describe situations where a person can be held liable for damages caused to another person is “strict liability”. This means “liability without fault”, therefore even if a person was not being negligent or intended to do harm, they could still be held liable.
Virtually all products are subject to product liability law, not just items on the store shelves – products subject to the law run the spectrum from food, drugs, appliances, automobiles, medical devices, medical implants, blood, tobacco, gases, real estate, writings, maps, and even commercial jets.
A defendant in a liability claim with being found liable for damages if it’s found that the product is defective regardless of whether the manufacturer or supplier exercised great care when designing or manufacturing it, and the plaintiff needs to demonstrate that a defect in the product caused the accident, they were using the product in a manner consistent with the way it was meant to be used, and that the product was not substantially changed between the time it left the seller or manufacturer’s hands and the time it reached the plaintiff.
Product liability claims are tort-based claims that can arise from negligence, strict liability, or breach of warranty, though product liability is often focused on strict liability claims. And with a good attorney on your side, like Brotman Nusbaum Ibrahim & Adelman, they can help you get the compensation you rightfully deserve. You may have a valid claim if you were injured by a product, so don’t delay and call 561-417-5656 today.