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Every year, people in the U.S. are injured by defective or dangerous products. Nearly any type of merchandise or products bought by consumers come into play: from cars to computers to sporting goods. These types of cases can involve toys, medical devices, consumer electronics, the list goes on and on.
Product liability laws vary from state to state and have their own set of rules and procedures. These laws provide the victims of dangerous products with legal recourse for injuries. As a general rule, a product is typically required to meet the ordinary expectations of a consumer. When a product has an unexpected defect or danger, the product failed to meet those expectations. Depending on the type of defect, many different parties may be found liable for the injuries sustained by a defective product.
Several parties responsible for placing a defective product on the market could be held responsible in a products liability case. They may include:
A personal injury attorney will help determine which potential defendants to seek damages from.
Regardless of the theory under which a defective products lawsuit proceeds, the plaintiff will be required to prove that the product was defective under one of the following three main types of defects:
By nature, some products are unavoidably unsafe because if they were made safer, they would not be useful. The responsibility of manufacturers for these types of products is to provide explicit warnings about their unsafe nature, the risks and the proper use of them. These types of warnings are meant to help consumers make sound decisions regarding whether or not to buy them in the first place.
Some plaintiffs proceed under a theory called breach of warranty of fitness. This theory comes from Chapter 2 of the Uniform Commercial Code, which governs the sale of goods. Warranties may be expressed or implied. While a manufacturer may attempt to limit its potential liability by including a limitation in an express warranty, UCC § 2-719 (3) says that limitations of damages are unconscionable in cases where consumer goods caused an injury to the consumer plaintiff.
There are several common defenses that are asserted in products liability lawsuits. One defense that may be asserted is that the plaintiff modified the product in a way that made it unsafe. Defendants might also claim that the plaintiff used the product in an unreasonable manner that the defendant could not have foreseen. They might also argue that the plaintiff has not sufficiently identified the party that supplied the product.
An attorney who practices product liability law may sometimes use experts for help with cases. These cases may be highly complex and involve significant litigation. Each state has its own laws governing products liability cases, and such matters as the applicable statute of limitations will be governed by the jurisdiction in which a lawsuit is filed.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified product liability lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation.
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