Defective products have been causing thousands of injuries annually in the US. Unknown to many, there is a product liability law that is responsible for cases resulting from any dangerous or defective product.
The product liability law necessitates every product in the market should meet reasonable customer expectations. Therefore, if a product has any defect; or places the consumer in danger, it is taken as a breach of the law.
So, as a customer, what do you do when you get injuries resulting from a defective product?
How to handle a defective product injury
If you buy a defective product and happen to suffer damages or get a personal injury, you will have a sustainable product liability claim. The product liability laws demand the consumer be compensated for his or her injuries.
Here is an overview of the considerations which come about when a consumer suffers injuries due to a defective product.
The plaintiff
The plaintiff will be the injured individual and is most likely going to be the buyer of the faulty product. Sometimes, the plaintiff could be even a bystander who happened to suffer injuries or damages from the product.
For instance, if you bought a defective iron box, and you suffer shock when using the iron box, you can file a lawsuit. Also, if a friend suffered shock while using the same iron box, they will have a right to file a suit.
Who is the defendant?
Numerous people can be sued for the injuries resulting from a defective product, not necessarily the manufacturer. In most cases, the plaintiff is allowed to go to the seller of the product, who could be the wholesaler or retailer.
Therefore, any member who is engaged in selling or reselling the product can be sued. However, the conditions are that the product must have been bought with the defect; and the sued party must be one who sells the product.
Meaning if the consumer happened to sell the iron to a friend, then she or he won’t be liable since she is not involved in the selling of the product.
Product liability claims
There are three common claims, one being negligence. A negligence claim is one that shows the defendant did not exercise extreme care in handling the product. However, proving this could be hard because each member who dealt with the product is likely to be held liable.
Second, is strict liability, where the wrongful act is treated as selling a defective product, although the manufacturer failed to apply reasonable care. A consumer expectation test will be conducted to determine whether the product is faulty.
Lastly, you can recover for injuries through implied warranties or breach of the express. The law requires the retailer to honor any guarantees or express promises given to the consumer. Most claim their products to be free from defects, and a defective product will be a clear breach of the express.
Proving your defective product liability claim
You will need to show that:
• The defective product resulted in injury
• You suffered an actual injury or loss due to the product
• You experienced the damage or injury while using the product correctly
Seeking legal help
You now understand how the product liability law works, how to prove the personal injury came from a defective product and the product liability claims. You will need skilled legal help to help you file the lawsuit and eventually win the case. Guy Levy Law is the best personal injury attorney San Diego. We focus on personal injuries and are the best at what we do. Our services extend to entire Southern California. Get in touch today!
