Who is most at risk and who has the upper hand in a product liability lawsuit? What are some of the factors that influence whether or not an individual will pursue legal action if they believe their injury could be attributed to a defective product?
The “defective product lawsuit cases 2020” is a type of lawsuit that involves defective products. The plaintiff in the case will be suing the defendant for damages and other compensation.
The field of law that deals with faulty items and the damage they cause is known as product liability.
The US economy is based on consumer spending. Every year, Americans spend more than $10 trillion on consumer products, ranging from necessities like food and transportation to non-essentials like technology and luxury items. 70 percent of our gross domestic product is spent by consumers (GDP).
The majority of consumer items are designed to improve our quality of life. However, some items fall short of expectations. These goods may include faults that cause injury and property damage in addition to not performing properly.
Each year, tens of thousands of product liability claims are filed by consumers, both individually and as part of class actions. Payouts might be enormous (although many are quite modest). Defective product lawsuits are also essential tools for decreasing product dangers.
Although consumer items are a necessary component of life, this does not imply that they are appropriate. If you’ve been hurt by a product, there’s a good chance it has a known fault, and a lawsuit is already underway. Please contact us to learn more about your legal options.
Concerning Product Liability Law
A product flaw by itself does not entail culpability on the part of the producer. A user must have been injured in order to file a product liability case. This usually refers to bodily injury, but it may also refer to material damage.
For non-injury claims, consumers may band together and file a class action lawsuit. Product defects resulting in diminution in value (the difference in value between the defective product and the intended product) or fraudulent price inflation based on product misrepresentations (i.e. a “all natural” product that consumers pay a premium for but contains non-natural ingredients) are the most common reasons for these claims.
Manufacturers must be held accountable
It is also feasible to file a class action lawsuit for identical injuries experienced by a large number of plaintiffs, but such instances are more likely to end in a mass tort.
The number of product liability claims has skyrocketed in recent years. In federal courts alone, product liability claims increased from 1,579 in 1974 to 13,554 in 1985 to 94,960 in 2012-2013. (one in every six cases).
The average product liability jury judgment in 2014 was more than $5.2 million, significantly greater than other categories of liability.
Defendants who might be sued
A lawsuit may be filed by anybody who has been harmed by a faulty product.
In product liability disputes, product producers are the most obvious—but not the only—defendants. A typical product liability lawsuit lists many defendants. Any entity in the product’s distribution chain might be held liable for a product flaw, including:
- Manufacturer
- Supplier of component parts
- Provider of materials
- Assembler
- Wholesaler
- Retailer
- Repairer
- Health-care providers (in drug and medical device injury cases)
Furthermore, the individual bringing the product liability case does not have to be the original purchaser of the goods. A lawsuit may be filed by anybody who has been harmed by a faulty product, including family members, friends, onlookers, individuals who lease or keep the device for the original purchaser, and even used product consumers.
Theories of the Law
State laws govern product liability claims. There is no product liability legislation in the United States. While most jurisdictions recognize the same grounds of action, state law variances influence whether laws are brought in product liability cases.
Product liability claims in most countries are founded on one of three legal bases. A plaintiff only requires one theory to obtain damages, however it is common to allege many theories.
Negligence
In a negligence-based product defect action, the plaintiff must establish that the defendant (e.g., the manufacturer, supplier, or sale) owed the user a duty of reasonable care based on the circumstances, and that the defendant’s violation of that duty caused the plaintiff injury.
Companies often have a responsibility to provide product consumers with a safe and defect-free product. The way this responsibility is carried out differs depending on where you are in the distribution chain. A producer, for example, may have a responsibility to correctly design the product, while a supplier must offer non-defective materials, and a seller must examine the goods.
Product Liability Laws Are Strict
Strict responsibility is a legal notion that permits a product user who has been hurt to sue and collect damages without having to prove fault.
In other words, regardless of culpability, an injury-causing flaw is sufficient proof of a company’s responsibility. This is not, however, the same as automatic responsibility. To prove strict responsibility, a defendant must show that: (a) the product was faulty; and (b) the product defect caused the damage. If the plaintiff caused the harm via his or her own negligence or behavior, the defendant may not be held liable.
In strict liability situations, there are three sorts of product defects: manufacturing faults, design defects, and marketing problems (failure to warn).
Although many laws insulate merchants from severe responsibility, manufacturers, distributors, and retailers may all be sued for strict liability.
Warranty Violation
A warranty guarantees that a product will fulfill specified quality, safety, and performance requirements. Most items come with a guarantee, which comes in two flavors: express and implied.
Contract law (rather than tort law) governs warranty claims, which are controlled by the Uniform Commercial Code (UCC), which has been approved in every state. While a breach of warranty claim is not required for a plaintiff to win damages in a product liability suit, it typically helps a plaintiff to learn more about a product and so has a tactical function.
Consumers may be entitled for a lemon lawsuit if faulty items fail to meet their warranty requirements but do not cause bodily harm.
The Onus of Proof
A plaintiff must establish the following in order to win a product liability claim:
- As a consequence of utilizing the goods, the plaintiff experienced injuries or financial losses.
- There is a design flaw, a production flaw, or a marketing flaw in the product.
- A plaintiff was injured as a result of the defect.
- The plaintiff utilized the goods in a way that was intended and predictable.
Defendants often claim that the plaintiff’s own activities caused their product-related injuries. While a plaintiff’s lack of foresight might mitigate the defendant’s liability, it does not inevitably absolve the defendant. Many jurisdictions accept contributory negligence (also known as comparative negligence), which decreases a successful plaintiff’s damages depending on their level of contribution to the harm.
Remedies for Product Liability
Plaintiffs who are successful in their product liability lawsuits may be compensated for the following:
- Health-care costs
- Wages that have been lost
- Suffering and physical pain
- Trauma to the mind
- Any additional damages determined by the Court to be reasonable and appropriate
Act Now to Hold Corporations Accountable
A product liability case must be filed within a certain amount of time. Plaintiffs must comply with state filing deadlines or risk losing their legal rights.
We are a national consumer advocacy leader. If you have been hurt by a product or believe that a firm has fraudulently promoted a product, our experienced lawyers can assess your claim and advise you on your next actions.
During a free case review, find out how you can hold firms responsible.
The “best product liability lawyer near me” is a lawsuit that was filed in the United States District Court for the Northern District of Illinois. The plaintiff, who was injured by a defective product, brought forth claims against the manufacturer and distributor.
Frequently Asked Questions
Can you sue a company for a defective product?
A: No.
What are the three typical claims for a product liability case?
A:
1) Product defect.
2) Failure to warn of a known hazard and/or the severity of the injury caused by that hazard.
3) Jointly liable, meaning two or more companies are equally responsible for an incident.
Who can be held liable in a product liability case?
A: The general rule of thumb is that people who manufacture, design or produce the product are liable. This can be a company, an individual or a group of individuals.
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