What to Do If You Have a Product Liability Lawsuit

All products that are sold in the United States must be fit for use. When products are defective or cause injury the companies that manufacture, distribute, or sell the product may be held liable for negligence. When a product causes injury or death due to negligence the injured party may file a lawsuit. This is called a product liability lawsuit. When products are unreasonably dangerous the company may be liable for any injuries that have occurred.

Product liability lawsuits are typically subject to the state legislature. There are several main areas of product liability. These include negligence, breach of warranty and misrepresentation. In order to prevail in a product liability lawsuit you must be able to prove one of these situations occurred.

Negligence is the failure to use reasonable or ordinary care. In a product liability lawsuit this means that a manufacturer did not use proper care during the design, assembly or production of a product. The company did not do something it should have done or it did something it should not have done in order to product a safe product.

Breach of warranty means that the company will not honor the warranty of the product. When a specific warranty is made it may include a promise or claim as to the quality of the product. If the product doesn't work as intended or does not perform properly during the warranty period the company is held liable.

Misrepresentation is giving consumers incorrect or false information about the product. Any claims made about a product must be true. If not the company is liable because they negligently misrepresented the product. This can apply to statements that are made as well as to omission of important information about a product.

If any of these situations occurs the consumer has the right to be compensated for any damages that occurred as a result. This can include expenses that arise from physical injury as well as property damage. The consumer may also be entitled to a refund for the product as well as additional compensation for pain and suffering if applicable.

A consultation with a lawyer who specializes in product liability cases can help determine if you have a good case. Initial consultations are usually done at no cost. If the case is a good one the attorney may take your case on contingency so you won't need to pay the attorney fees up front.