Defective Product Claims

Date: February 3, 2012
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If you have been injured as a result of a defective or unsafe product, you may be able to seek remedy through a product liability claim. The surviving family members of an individual that is killed by a defective product may also be able to file a lawsuit. Review the following questions about product liability lawsuits to learn more about your rights.

What is a product liability lawsuit?

A product liability lawsuit is a civil action that holds the parties responsible for a defective product liable for the injuries that product causes. Product liability claims are typically filed against product manufacturers, designers, and/or distributors and can include a range of products, from food and tools to children’s toys and automobiles.

What is meant by strict liability?

Strict liability is one of the potential theories of liability in a product liability claim. It refers to a party being held liable for the injuries caused by a product even though they did everything they could to prevent a problem. In other words, the party’s negligence is not the issue. Rather, the mere fact that you have been injured by the product is the basis of the suit.

Is there time limit for filing a product liability lawsuit?

Yes, and the statute of limitations for a product liability claim will vary from state to state. To protect your right to recover damages, you should file your claim as soon as possible.

What damages can be awarded?

The amount of the damages in a product liability claim will vary depending upon individual cases. Virtually all cases involving personal injury will seek compensation for medical expenses, loss of income, and pain and suffering. Cases involving wrongful death may seek compensation for funeral expenses, loss of benefits, loss of support, and related damages.

Do I need a lawyer?

Product liability claims can be complex. An experienced product liability attorney can advise you on the best course of action to pursue and can ensure your rights are protected.

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