Forget the fancy advertising and attractive sales offers. Some of these products you are about to buy can cause you serious injuries. Let us use an example of an e-cigarette. If you purchase an e-cigarette and it catches fire and causes burns, you can file a personal injury lawsuit against the manufacturer.
Another example is when you buy a new set of tires which burst on the road, causing an accident. In this case, you can file an injury lawsuit against the tire manufacturer for selling a defective product.
What Is Product Liability?
Product liability refers to the manufacturer being held liable for selling or producing a product. Product liability claims are based on the notion that products should meet certain expectations in terms of quality and safety. When these expectations are not met, the consumer can sue the manufacturer based on specific theories:
Negligence claims are based on the notion that the manufacturer produced products with design errors or defects. Negligence claims can also arise when the consumer proves that the manufacturer knew about a dangerous defect but failed to warn consumers.
The burden of proof for negligence lies with the injured party. It is therefore essential that you always hire a qualified personal injury attorney to help you with documentation and being able to prove your case in court with proper evidence.
Strict liability is necessary because it compels companies to compensate consumers harmed by their products. To prove strict liability, the consumer must prove that there were one of three types of defects. These are design defects, manufacturing defects, or a marketing flow.
An example of a marketing defect is when the manufacturer leaves out essential information about a product. For instance, if they sell cups, it is vital to mention that the cups should not be used to store hot liquids. Other product liability claims include Consumer Protection claims and breach of warranty.
Common Products That Cause Personal Injury Lawsuits
Several everyday products cause personal injury lawsuits:
- Auto Parts- Some of the standard auto parts that result in injury lawsuits are defective airbags, defective engines, and defective braking systems. Other claims also originate from using defective tires that burst and cause accidents.
- Children Toys- Most injury lawsuits result from defective designs that injure the children as they play with their toys.
- Medical Devices- Faulty medical devices are known to cause faulty defects. Some of these medical devices are pacemakers, prosthetic limbs, and walkers.
- Medications- The claims against these medications result from unlabeled side effects that worsen the health conditions of the consumer.
Other common products that result in injury lawsuits include lawn equipment such as string trimmers and lawnmowers. Injury lawsuits also originate from improperly labeled home improvement tools.
Get in Touch with a Qualified Personal Injury Lawyer
Personal injury cases are complex and that is why you should hire a qualified personal injury attorney. We know the costs involved when you spend months recovering in the hospital, and that is why we promise to fight for your compensation.
You can get in touch with Spencer Calahan Injury Lawyers by calling 225-387-2323 or via the contact form on the website.