Product Liability Claim
Product manufacturers, distributors and retailers are basically liable for injuries under the principle of product liability. A product liability claim gives a consumer the right to pursue or seek damages for injuries incurred as a result of using a certain defective product.
A product liability claim may be brought against the liable parties depending on defect issues such as the following:
- design defects
- manufacturing defects
- a failure to warn
Design defects are often inherent, meaning the defects are a result of the design itself. On the other hand, a manufacturing defect occurs during the process, which usually involves poor-quality and an inferior result. A failure to warn consumers such as putting adequate warning labels on certain products - may also hold the manufacturer and seller accountable for damages through negligence.
In establishing a claim through negligence, the following elements must be present:
- what is the duty owed
- how is the duty breached
- what is the resulting injury
- proof that the breach caused the injury
Product liability claims may also be pursued under the breach of warranty claim which are categorized into breach of express warranty, breach of implied warranty of merchantability, and breach of implied warranty of fitness.
Injuries suffered as a result of using products with manufacturing or design defects may entitle the victim to compensation. The damages a victim may receive typically include, compensation for medical treatments, lost wages, pain and suffering, and punitive damages wherever applicable.
Pursuing a product liability claim may involve complex laws and statutes. It is best that you hire a personal injury lawyer who specializes in product liability and other tort cases to obtain the most desirable outcome for your cases.
Our team of expert personal injury lawyers handles product liability claims and all related issues. We have extensive experience working and representing clients in various personal injury cases including product liability claims involving manufacturing defects or design defects, among other issues.
Contact Mesriani Law Group through our toll-free number and arrange for a free consultation today.
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