The law protects both consumers who purchase defective products and businesses that make or sell the products.
The law focuses on enforcing warranties made on personal items, drugs, medical devices, and the like. Further, implied warranties exist to protect consumers regardless of whether the product specifically states coverage. The LegalMatch Law Library has over 240 articles about defective products and services:
- Faulty or Defective Products
- Malpractice Lawyers (Medical, Attorney, other)
- Other Transportation
Many people hire the services of others who are specially skilled. The law determines how to draft a contract between parties for services and what obligations each can be held to. The law of each state also places restrictions on the actions of certain specialized practices, such as attorneys and doctors. Thus, whether you are hiring a contractor to renovate your house, or are looking for an attorney to represent you in a products liability case, the law regulates these relationships.
How to Bring a Products Liability Lawsuit?
If you are injured by a defective product, the resulting product liability lawsuit can be based on several different legal theories. First you must prove that you have been injured or suffered some type of injury or damage from the defective product. A user of a product injured by a product defect can bring a claim under a strict liability theory or a negligence theory.
In a strict liability claim, a plaintiff must prove:
- A product left the manufacturer, seller, or retailer in an unreasonably dangerous condition or with an inadequate warning.
- The manufacturer, retailer, or seller expected that the product would reach the stream of commerce.
- The plaintiff’s injury was caused by the defective product.
In a products liability claim based on negligence, a plaintiff must prove:
- The defendant owed the plaintiff a duty of reasonable care under the circumstances.
- Defendant breached the duty of reasonable care owed to the plaintiff.
- The defendant’s breach was the actual or proximate cause of the plaintiff’s injuries.
- The plaintiff suffered damages.
Should I Contact an Attorney?
Product liability claims can be very complex and in order to determine when you must file a products liability claim against the defendant or if your claim is valid, you may want to contact a personal injury lawyer who specializes in products liability claims.