Products Liability
Dangerous and defective products are sold everyday to innocent victims
throughout the world. The product makers are liable for the injuries and deaths
their products cause, whether they knew of the defects before selling them or
not.
When someone is injured while using a product that left the manufacturer’s
or seller's hands in a defective or dangerous condition, he or she may be able
to recover the resulting damages from the responsible party in a products liability
based personal injury suit. Products liability law is based on the
responsibility of a manufacturer or other provider of goods to compensate users
of the goods for injuries caused by defective or dangerous products that it
placed into the stream of commerce. The basic idea underlying products
liability law is that the companies providing the products are usually in the
best position to prevent defective products from entering the marketplace, so
if they fail to do so, they should be held accountable.
Possible legal theories that can be argued in a products liability case
include negligence (lack of reasonable care in the manufacture or sale of the
product or in warning about the product), breach of warranty (failure to
fulfill the terms of a promise regarding the product's performance),
misrepresentation (giving consumers a false sense of security about a product's
safety), and strict liability (under which the product's defect, although not
the fault of the defendant, rendered the product unreasonably dangerous and the
defendant is therefore responsible).
If a dangerous product has damaged you or a loved one, you may have a legal
right to compensation. A products liability lawsuit may be brought by or on
behalf of an individual injured or killed by a defective product against the
manufacturer and possibly the wholesalers, distributors and seller of the
defective product.
Common defective products that are the subject of many
lawsuits are SUVs that roll, roof crush or roof collapse, dangerous diet drugs,
herbal medicines, ephedra products, seat backs, airbag injuries, air bag
failure to deploy cases, seatbelt releases, defective shoulder belts, defective
seatbelt buckles, power windows, door latch opening, lift gate or rear door
opening failure, rear lift gate release, defective tires, tread separation, lap
belt only design defect, gas tank explosions, car fires, sliding door opening,
hair dryer fires and electrocution, tire explosions, silica dust,
asbestos, benzene, helicopter engine defects, airplane engine fire defects,
tractor rollover, ATV rollovers, helmet cases, crane accidents, engine fires,
valve release, blowout valve deaths, firearm defects, fuel-fed fires, elevator
door, childrens’ beds, toys, headrest, head restraints, airbag injuries,
underride, conversion van, roof collapse, automatic doors, forklift tow
motor, ladder collapses, and many, many other dangerous products.
As in other personal injury cases,
if a products liability victim proves his or her case, the manufacturer or
other responsible party will pay damages, which may include:
- Compensation for injuries or deaths
-
Medical expenses (past and future)
-
Property damage
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Lost wages
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Pain and suffering
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Other financial awards, including compensation to family
members.
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