Product liability lawsuits
Legal protections exist for consumers who have been hurt by the products they purchase. Product liability lawsuits require a fairly high burden of proof, but they do provide you with a method of recovering the costs of medical care and lost wages due to the improper function of a consumer product. Of course, not every injury that happens in relation to the use of a product qualifies. If it did, then every car crash would be able to fall back on the company. Product liability comes in when a product causes injury because it is defective or dangerous. That means it either has to be improperly built, causing it to behave in ways it shouldn’t, or the design itself has to be dangerous. In any case, if you meet with any accident, you need the services of an experienced abogados de accidentes de trabajo to get justice in the court of law.
Examples of Product Liability Issues
If you’ve ever paid attention to toy recalls for children, they are clear examples of product liability. In most cases, when a recall is issued it is because the product has turned out to have design flaws that cause its real-world operation to be substantially more dangerous than predicted. A similar situation exists with automobile recalls, although those are usually fixed by addressing a single part instead of recalling the whole car. Cases where product liability would come into play include:
- Insufficient labeling of potentially hazardous materials in the product
- Design flaws that cause it to do damage when used inappropriately, if that use is likely
- Design flaws that cause it to do damage unpredictably or consistently even when used appropriately
- Defects in manufacture that cause a failure of mechanics or materials resulting in injury.
These cases are limited for a reason, and that reason is to make sure liability falls on the right party. If an injury occurs due to someone else misusing a safe product, the law needs to be structured to avoid incentivizing suits against the manufacturer when the party who caused the injury should be liable.
What To Do If You Suffer a Product-Related Injury
If you have recently been hurt by consumer goods in a way that sounds like it fits, a meeting with a lawyer to discuss your case is probably a good idea. A consultation gives you a better idea of the strength of your case, as well as whether or not product liability lawsuits are the right type of resolution. You could learn that you do have a personal injury case against another party even if there is no product liability, but you will never know unless you meet with an attorney to find out.