What You Should Know About Product Liabilities
Many businesses manufacture products but some of those products may be defective. Such defective products can cause serious trouble for the business especially a small one.
Product liability law says that the manufacturers, distributors and designers are morally and legally responsible for the safety of the product’s users. The sad news is that many companies do not adhere to the safety standards set and are able to still get their products to market.
Such products may result in the injury, sickness or death of the user. If a product defect caused you or a loved one harm, then you can file a product liability lawsuit.
Product liability law is a complex issue but there are several things you should know about product liabilities including:
1. Product Liabilities Include Marketing Defects
The vast majority of people think that only the manufacturers and designers of the products are liable for product defects. However, that is not true and marketing defects are a common cause for product liability.
A marketing defect includes the failure to include clear safety instructions on the product’s packaging. It also includes failure to put warning signs of potential risks of using the product as well as improper labelling.
Therefore, if you are selling or marketing a defective product, you should know that you can be held responsible for product liability. If so, you should take steps to legally protect yourself.
2. Proof of Manufacturer Negligence is Not Mandatory in Product Liability Lawsuits
For most personal injury claims, you have to prove the defendant’s negligence. That is not the case with personal injury claims regarding product liability.
On the other hand, if proving manufacturer negligence is to be optional, your state should have product liability laws that are based on the strict liability doctrine. The strict liability doctrine states that a manufacturer can be held responsible for product liability despite any efforts they took to make the product safe.
The reason that strict liability law exists is because of the difficulty of proving negligence on the part of a product manufacturer. You will definitely need a lawyer such as one from https://www.terry-lawfirm.com/ to prove your case. It is almost impossible hence the law is meant to protect consumers when they cannot prove manufacturer negligence.
The strict liability statute is actually quite complex and there are exceptions to the rule that can make enforcing the law impossible. Hence the importance of an attorney’s help, especially one that extensively understands your state’s laws.
3. You May Receive Punitive Damages
Non-punitive compensation is usually awarded to the victim depending on the nature of their injuries. There are various types of injuries caused by products and the defendants may be required to compensate the victim for any bills incurred to remedy the damage.
Punitive damages are meant to punish the guilty party for negligence or misconduct. If you are able to prove manufacturer negligence when making the product, you may receive punitive damages in addition to non-punitive compensation.
However, several states have placed limits on the amount of compensation for punitive damages that an individual can receive. You should hence include every damage incurred in your case as it may lead to increased punitive compensation.
4. Product Liability May Include Multiple Defendants
When a defective product causes you damage, you can hold more than one party guilty for the defects. In most cases, the designer and manufacturer of the product is responsible for the product defects.
On the other hand, anyone included in the chain of distribution can be liable for product liability claims. The same goes for the marketers of the product.
You will have to prove that the parties were responsible for the product defects and how they contributed to your injuries or sickness. It is usually much easier said than done to prove the role of each party in the product defect.
5. There Is a Statute of Limitations for Product Liability Claims
The statute of limitations is a law that outlines the time period allowed to file a lawsuit. There is a statute of limitations for most personal injury claims and the same goes for product liability claims.
The limitation will vary depending on the state in which you file your lawsuit. Most states have a two-year limit but it may be more than four years in some states.
The time when the time limit begins also varies from state to state. In some states it begins when you are injured while in others it starts when you discover your injuries.
In conclusion, the above are only the tip of the iceberg. There is much more to learn and know about product liability claims. There are many resources to use in this regard. However, consulting a personal injury lawyer is the best option.
