There are many different areas of personal injury law governed by their own unique set of laws. One such category is product liability law. Product liability is the branch of personal injury law that covers faulty or defective commercial products.
These laws determine responsibility and settlement in the event of an injury from a faulty product.
How Does Product Liability Law Work?
Under this area of law, either a manufacturer or seller of a commercial product can be held liable for damages.
It only covers products which have been sold in the normal marketplace. For instance, somebody who sells a product at a yard sale is not held liable for product defects. However, that product’s manufacturer or initial retail seller may be.
In proving product liability, the plaintiff’s case must meet multiple different criteria. First, you must prove the product to be defective. There are three main categories of product defects.
- Design – The product’s design is unsafe in a way that is unnecessary and avoidable
- Manufacturing – A defect that occurs because of improper product manufacturing practices
- Marketing – Improper labeling, instructions, or safety warnings for a product
Second, in many cases you must also demonstrate that the manner in which you use the product was not negligent. The law does not cover instances in which injury occurs because of the consumer’s own negligent behavior.
Third, there are some products that simply cannot be made completely safe. A knife or other piece of sharp kitchen equipment, for instance, cannot be made both safe and functional.
It is possible for these products to fall under marketing product liability if the company improperly labels or markets the product. But typically the consumer assumes some risk while operating such products.
Product Liability Attorney
While these cases are common, the law surrounding them can be rather complicated. The goal of a case is not only to help the victim recover any damages. It is also to determine responsibility for the faulty or defective product.
There are many parties who could be responsible for a product defect along the products market lifespan. The product’s manufacturer, parts manufacturer, wholesaler, or retail seller could all potentially be responsible parties.
Determining where, precisely in the market chain a product defect is can be challenging in some cases. The law covers not only manufactured goods, but also food and medication as well.
Food-borne illness, food poisoning, unlabeled allergens, or any other food manufacturing defects are all concerns. Defective medication is also a major category of product liability law.
A qualified and experienced attorney works to identify the responsible parties in any product liability case. The attorney also represents the injured party and works to determine that the product was not used negligently. In many cases, it is only necessary to demonstrate that the product is somehow defective.
Regardless of whether or not the manufacturer exercised proper care, they may still be held liable for a defective product. Most manufacturing defects are accidental, and manufacturers do not intend any harm.
Because of this, most manufacturers obtain product liability insurance. This does not mean that these businesses are immune. So what is product liability insurance, exactly?
What is Product Liability Insurance?
This insurance protects a manufacturer or sellout from claims against their faulty products. These suits are among the most common personal injury claims nationwide. Because of this, most major manufacturers have this insurance to help cover legal fees when faced with liability cases.
Hire an Expert Lawyer
If you or someone you know has suffered harm from a defective product, you have a right to compensation. For help navigating this complicated field of law, you will need an attorney experienced in this area.
Wood, Atter & Wolf are a Florida-based personal injury law firm with extensive experience handling product liability cases.
What Can You Do?
Our Jacksonville personal injury law firm will work to protect your legal rights and pursue rightful compensation for long-term medical bills, wage loss, disfigurement, pain and suffering, emotional distress, mental anguish, and lost enjoyment of life.