Law BNI – product liability litigation
If you or someone you know was injured due to a defective product, then you have an option for product liability litigation. There can be many different kinds of defective products and cases where you might be entitled to damages. Products can become defective due to a mistake in the manufacturing process, a defective design that refers to the product’s initial design, and failure-to-warn where a product does not have adequate warning labels.
While all kinds of products including consumer products, motor vehicles, boats, cosmetics, and environmental products can become defective, some of the most common products you would see involved in a product liability litigation are medical devices, pharmaceutical drugs, children’s toys, household appliances, cleaning products, and industrial equipment and machinery.
In order to recover for injuries caused by a product, you would need to prove that the product was defective at the time it left the control of the party you filed a claim against. For example, in the case of a manufacturer, the product must have been defective at the time it was sold and delivered to a wholesaler. And in the case of a wholesaler, that time would be when the product is sold and delivered to a retailer. With a retailer, that time would be when the product is sold and delivered to a consumer. As you can see, it is essential that in product liability litigation, one must preserve as much evidence as possible and get expert witnesses to evaluate the product in question as well as your injuries.
You won’t be able to recover damages if you misused the product, though. A manufacturer won’t be liable if the person injured uses the product in any way other than the way it was supposed to be used or if they substantially alter the product that causes the injury. Additionally, strict liability describes situations where a person can be liable for damages caused to another person whether or not they meant to cause harm. In the case of the usage of explosives, for example, the operator can be held liable for damages if someone was injured by their use. Explosives are inherently dangerous, so the manufacturer isn’t liable for damages from a product that was made for that purpose.
If you need help with product liability litigation, you might want to consult with a law firm like Brotman Nusbaum Ibrahim & Adelman. They can also assist with cases of Negligence, Accidents, Catastrophic Injury, and Slip and Fall, as these are all very common cases revolving around personal injury. Call us for a free consultation at 561-417-5656.