Personal Injury Lawyer | Defective Product Liability Cases
Personal Injury Lawyer | Defective products cause many injuries annually in the U.S. Product liability law refer to rules that determine who is to blame for dangerous or defective products. This article will take you through product liability and what to expect in a case involving defective products.
What is Product Liability?
Product liability means that a seller or manufacturer will be held responsible by a personal injury lawyer for supplying defective products to a consumer. The responsibility for a defective product belongs to all the parties who have been involved in distributing the product. According to the law, a product has to meet the expectations of a consumer. Personal injury lawyers have to show that a product is dangerous or defective, which means that it has not met the expectations of consumers.
There are no federal laws governing product liability, usually, product liability cases are premised upon state laws. A personal injury lawyer for a product liability case will represent you under the concepts of strict liability, breach of warranty or negligence. Furthermore, each state consists of commercial statutes that have warranty rules that determine product liability.
In the past, personal injury lawyers had to show a contractual relationship between the consumer who had been injured by the product and the one who supplied the product to recover damages. Today, a personal injury lawyer representing persons who could have sustained injuries from a defective product may be able to claim damages provided the product has been sold to someone.
Responsibility for a defective product rests with anyone in the supply chain of the product. Therefore, your personal injury lawyer can make a claim against:
- The manufacturer of the product
- The manufacturer of parts of the product
- The person who installs or assembles the product
- The retail store and wholesaler responsible for selling the product
For a personal injury lawyer to hold the other party liable, the sale of products has to be made while the supplier is conducting business. Therefore, a person who sells a defective product at a sale for garage parts or accessories cannot be held responsible under product liability law.
Categories of Product Defects
A personal injury lawyer in a case involving product liability should prove that a defective product caused their injuries. There three main kinds of defects include:
- Design Defects: These are defects that are found in product before manufacture. This means an element in the product is unsafe.
- Manufacturing Defects: These are defects t hat occur during the manufacture of a product
- Marketing Defects: These are defects in the marketing of a product like insufficient instructions, improper labeling or insufficient safety warnings.
Since 1989, the personal injury lawyers of Clekis Law Firm have been representing injured people and their families in Charleston and throughout the Low Country. At the Clekis Law Firm our clients always come first. If you or a loved one has suffered a serious personal injury due to the negligence of another, don’t be victimized twice. You need someone on your side to help you with your personal injury case and obtain the fair and reasonable compensation that you deserve. Call Clekis at 843.779.1160!
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