When a defective product causes injury or damage, the injured party may be able to file a lawsuit and sue the responsible parties. Understanding the ins and outs of product liability law can help you determine if you have a valid product liability claim and should file a lawsuit.
What is a Defective Product?
A product is legally considered defective if it has a defect that makes it unreasonably dangerous when used as intended. There are three main types of defects:
- Design defects: The product’s design is inherently dangerous or flawed.
- Manufacturing defects: A mistake occurred during manufacturing that impacts the product’s safety.
- Marketing defects: The product lacks adequate warnings or instructions to ensure safe use.
If a product has a defect that causes personal injury when used properly, the manufacturer or seller may be liable in a product liability case.
Overview of Product Liability
Product liability refers to the legal responsibility of manufacturers, designers, and sellers when a defective product injures a user. There are three key legal theories used in product liability cases:
- Negligence: The liable party failed to exercise reasonable care in making or selling the product.
- Strict liability: The defendant is liable even if they were not negligent because the product had an innate defect.
- Breach of warranty: The product failed to match express or implied promises of safety and performance.
To hold a party liable in a product liability lawsuit, the plaintiff must show:
- The product had a defect
- The defect made the product unreasonably dangerous
- The defect caused injury or damage
- The product was used as intended or reasonably expected
Types of Defective Products
There are three categories of defects that can give rise to a product liability claim when injury occurs:
Design Defects
A product has a design defect when the design itself is flawed and poses unreasonable risks. A dangerous design renders the product unsafe even if it is manufactured exactly as intended.
Examples: airbag failures, rollover risks in certain vehicles, dangerous pharmaceutical formulas.
Manufacturing Defects
These quality control defects occur during production when a product comes off the assembly line with something wrong with it. Unlike design cases, only the flawed individual item poses risks.
Examples: a broken or damaged component, chemical contamination, incorrect ingredients or dosage.
Marketing Defects
When a product lacks sufficient warnings or instructions, inadequate labeling makes it unreasonably dangerous and defective. Even if the product is designed and manufactured safely, insufficient safety information creates risks.
Examples: missing allergy warnings, incorrect dosage guidelines, lack of clear operating instructions.
Parties in Product Liability Lawsuits
In a product liability case, multiple parties along the chain of design, production, and distribution can share in legal responsibility depending on their role. Potential defendants include:
- Product designers
- Manufacturers of component parts
- Product assemblers
- Wholesalers and distributors
- Retailers
- Marketing agencies
Because multiple parties are often involved in making and selling a consumer product, more than one defendant may be named in a product liability lawsuit.
Filing a Product Liability Claim
Follow these steps if you have been injured by a defective product and wish to hold the responsible parties legally accountable:
- Seek medical care for any injuries caused by the defective product. Thoroughly document your injuries and treatment.
- Gather evidence about the product defect, such as the defective item itself, photos, purchase receipts, operating manuals, warranties, and witness accounts. Preserve all proof that the product is defective.
- Prove the defect directly led to the accident and injuries. Demonstrate that you used the product properly for its intended purpose.
- Consult with a knowledgeable product liability lawyer to discuss the specifics of your potential case. A personal injury attorney can help determine viable legal theories and defendants.
Legal Theories in Product Liability Cases
Plaintiffs in product liability lawsuits typically argue one or more of these theories to hold the defendant(s) accountable:
Negligence
The manufacturer, designer, or seller failed to take reasonable care in making, testing, labeling, or selling the product. This carelessness resulted in a foreseeable unreasonable risk of harm.
Strict Liability
The defendant is strictly liable because the product was inherently and unreasonably defective or dangerous, making injury inevitable. Negligence does not need to be proven under strict liability.
Breach of Warranty
The maker or seller breached an express or implied warranty about the product’s safety and use. This can involve misleading marketing messages, insufficient labeling, or failure to meet ordinary safety expectations.
The right legal argument depends on the type of defect and the plaintiff’s ability to prove the elements of each theory. A qualified product liability lawyer can identify the best options.
Chain of Distribution and Joint Liability
For a commercial product with complex design and manufacturing processes, multiple parties may share responsibility for a defect.
This “chain of distribution” can include designers, raw material suppliers, component part makers, assemblers, distributors, wholesalers, retailers, and marketers. Under joint and several liability, all defendants partially at fault can be held jointly liable for the full damages in a product liability case.
Establishing how each party contributed to the defect requires extensive investigation and documentation. Naming one negligent defendant over another impacts liability, so choosing carefully is key. An experienced product liability attorney can help build the strongest case by identifying the defects and failures of specific actors in the chain.
Hiring a Product Liability Lawyer
Pursuing a product liability claim or lawsuit requires complex legal knowledge and extensive resources. A West Virginia personal injury attorney experienced in this area of law can handle the entire process for you and represent your best interests. A product liability lawyer will:
- Investigate your accident and pinpoint product defect(s)
- Identify all potentially negligent parties to name as defendants
- Determine the most viable legal theories for your case
- Gather evidence to prove liability and damages
- Estimate the potential value of your claim
- Negotiate aggressively to reach a fair settlement
Product liability cases typically take substantial time and money to litigate. But a knowledgeable product liability lawyer knows how to build leverage for a satisfactory outcome, whether by settlement or trial.
Examples of Product Liability Lawsuits
Some examples of famous defective product cases include:
- Ford Pinto explosion cases due to defective gas tank placement
- Firestone tire tread separation causing Ford Explorer rollovers
- Asbestos lawsuits against asbestos and product manufacturers
- Merck’s Vioxx painkiller linked to heart attacks and strokes
- General Motors ignition switch defect causing loss of control while driving
- Boston Scientific transvaginal mesh implants causing internal injuries
- Bair Hugger forced air warming blanket causing infections during surgeries
- Medtronic Sprint Fidelis and St. Jude Medical Riata defibrillator leads fracturing and shocking patients
These examples represent just a fraction of the thousands of product liability lawsuits filed each year. Groundbreaking cases have exposed cover-ups, held entire industries accountable, and positively transformed consumer safety.
Frequently Asked Questions:
Q: How can I prove that a product is defective?
A: To prove that a product is defective, you need to establish that the product was unreasonably dangerous or defective when it left the manufacturer’s control and that the defect directly caused your injuries.
Q: What types of damages can I recover in a defective product lawsuit?
A: In a defective product lawsuit, you may be able to recover various types of damages, including medical expenses, lost wages, pain and suffering, and property damage.
Q: What is joint and several liability in a product liability lawsuit?
A: Joint and several liability means that multiple parties in the chain of distribution of a defective product may be held liable for the injuries caused by the product. This means that you can sue one or more parties who contributed to the defect.
Q: What should I do if I have been injured by a dangerous or defective product?
A: If a dangerous or defective product has injured you, it is important to seek medical attention first. Then, document the product and your injuries, preserve any evidence, and consult with a product liability attorney to discuss your legal options.
Q: How long do I have to file a defective product lawsuit?
A: The time limit, known as the statute of limitations, for filing a defective product lawsuit varies depending on the jurisdiction and the type of claim. It is important to consult with a product liability attorney as soon as possible to ensure your claim is filed within the required timeframe.
Conclusion: Should You Sue for a Defective Product?
If you or a loved one suffered serious injuries due to a defective or unreasonably dangerous product, you may have a valid claim for compensation. Defective products violate safety expectations and often require legal action to fairly compensate victims.
Consult with an experienced personal injury lawyer to have your case reviewed. They can examine the product, analyze the defect, and determine who is accountable. If there is clear liability, it often makes sense to file a product liability lawsuit or negotiate a settlement. This allows injured consumers to recover damages and improve accountability for companies that make and sell defective products.
While each case is different, by understanding product liability law and seeking experienced legal counsel, you can make an informed decision about your best path forward. If a dangerous or defective product caused your injuries, take legal action to explore your options and protect your rights. With strict deadlines for filing suit, it is wise to discuss your potential product liability claim with a lawyer right away. They have the expertise and resources to handle your case efficiently and maximize your recovery, so you can focus on healing.