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When someone is injured while using a product that left the
manufacturer or seller's hands in a defective or dangerous condition, he
or she may be able to recover the resulting damages from the responsible
party in a products-liability-based personal injury suit. Products
liability law is based on the responsibility of a manufacturer or other
provider of goods to compensate users of the goods for injuries caused
by defective or dangerous products that it placed into the stream of
commerce. The basic idea underlying products liability law is that the
companies providing the products are usually in the best position to
prevent defective products from entering the marketplace, so if they
fail to do so, they should be held accountable. An experienced and
knowledgeable personal injury lawyer can advise injured persons on
whether they may have a claim against a product manufacturer or seller
and can help them recover the damages to which they are legally
entitled.
The Plaintiff's Burden in a Dangerous or Defective Product Personal
Injury Case
Although products liability law has evolved from the days of "caveat
emptor" (let the buyer beware) to the imposition in appropriate cases of
"strict liability," under which manufacturers are responsible for
injuries caused by their defective or unreasonably dangerous products
even if they were not negligent, the personal injury plaintiff still has
a job to do. In a products liability action, the injured person, or
plaintiff, must prove, for instance, that there was a design or
manufacturing defect in the product, or that the manufacturer did not
adequately warn consumers about the product's possible dangers. In
addition, he or she must establish, through relevant and credible
evidence, that the product caused the injuries, and that he or she was
using the product in the way it was intended to be used, or that the
manufacturer should have anticipated that the product would be "misused"
in the way that it was.
Manufacturing defects are usually easier to prove than design
defects. If a particular consumer's gas fireplace explodes when first
lit, for example, it is evident that that fireplace was not manufactured
as the designer intended it to be. A design-defect case, on the other
hand, could arise if many or all fireplaces of a manufacturer's
particular model posed a threat of explosion. Proving a design defect
involves passing judgment on technical choices and usually requires
expert testimony. In a design-defect case, the product may have been
manufactured as it was intended to be, but the design was inadequately
planned in such a way as to pose unreasonable hazards to consumers.
Proving causation in a products liability case can be tricky. The
plaintiff must establish that the product was defective when it left the
hands of the defendant manufacturer, distributor, or seller, and that
the defect was the cause of the accident that led to the plaintiff's
injuries. If the injuries could have arisen from several potential
causes, the plaintiff usually must establish that the product defect had
a substantial role in bringing about the injuries.
Bases of Recovery in a Dangerous or Defective Product Personal
Injury Case
Possible legal theories that can be argued in a products liability
case include negligence (lack of reasonable care in the manufacture or
sale of the product or in warning about the product), breach of warranty
(failure to fulfill the terms of a promise regarding the product's
performance), misrepresentation (giving consumers a false sense of
security about a product's safety), and strict liability (under which
the product's defect, although not the fault of the defendant, rendered
the product unreasonably dangerous and the defendant is therefore
responsible).
Although there is no limit to the list of products that could form
the basis of a products liability suit, some of the more common product
categories include apparel, asbestos, chemicals, cosmetics, firearms,
food (most recently fast food, which has been contended to be
at least partly responsible for American's obesity epidemic), machinery
and tools, medical products and devices, motor vehicles, pharmaceutical
products, recreational products, and tobacco.
Conclusion
Persons injured by dangerous or defective products need the counsel
of skilled veterans of personal injury and products liability law in
order to advise them on the complexities of their case and guide them
through the legal system toward the most favorable outcome. If you or
someone you know has suffered personal injuries as a result of using a
dangerous or defective product, an experienced and knowledgeable
personal injury lawyer can advise you on whether you may have a claim
against the product manufacturer or seller and can help you receive the
maximum damages recoverable under the applicable law.
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