Personal Injury – Some Facts About Product Liability

Product liability is a kind of personal injury that is caused by the use of dangerous and defective product. In such cases, it is possible for the victim or the survivors of the victim to recover damages under product liability claims. Product liability is normally comes under tort law and contract law.

Product liability law is there to protect the consumers of defective and dangerous products who suffer injuries as a result of using these products. The second important feature of product liability law is to hold responsible those who put dangerous and defective products into market. They may include manufactures that make these products, retailers and distributors who make available these products in the market. It is possible that there are various parties who are liable for product liability as the product goes down the line from the manufacturer to the consumer and it may vary in different jurisdictions.

Product liability case can be filed under number of different circumstances. Some of the important facts about product liability claim are as follow:

Negligence: In this type of claim the plaintiff has to establish that the opposite parties bear the responsibility of making the fit product that is free of defects or that is not dangerous to use. Plaintiff also needs to establish that other parties could have detected the defected product if they had exercise reasonable care in the designing, manufacturing or inspection process. Plaintiff finally needs to show that they failed to meet their obligation and plaintiff got hurt by using the defected or dangerous product.

Product defects can be categorized as follow:

Design Defects: In this kind of claim, it is the design of the product that makes the product dangerous or defective and consumers get hurt by using it as intended.

Manufacturing Defects: In this kind of liability, the product becomes defective, dangerous due to manufacturing fault.

Marketing Defects: In this kind of liability the harm is caused due to no adequate warning labels or instruction for the consumers.

Normally, in all the provinces, there are laws that allow people injured by defective, dangerous or faulty products to get the compensation for their injuries. That includes defects of the product that may be obvious or not-obvious. Victim can receive the compensation for the damages that may include doctor fees, medical and therapy expenses, lost wages, out of pocket expenditures, punitive damages, permanent suffering and consortium for a spouse.

A defective and dangerous product can also result in death. Death due to a defective and dangerous product can result in a claim for wrongful death. If the consumer or user dies due to failure or malfunctions of the product, the survivor of the victim can file a suit for wrongful death caused by defective, dangerous or faulty product. In addition to that, the manufacturer will also be liable under product liability laws. The survivors of victims who file a suit for lawful death can also get the compensation for doctor fees, hospital and medical expenses, loss of wages or past as well as future, loss of life’s enjoyment, pain and suffering, and a loss of consortium claim for a spouse.