A consumer can file a product liability lawsuit against a product’s manufacturer, distributor, seller, or retailer if they get harmed or injured after using it. The purpose of such a lawsuit is to hold the responsible party liable for any harm or injury caused by their product. An individual may want to seek compensation for medical expenses, lost wages, pain and suffering, or other losses incurred due to using a defective product.
There are three primary categories used to bring forth product liability lawsuits: manufacturing, design, or marketing (failure to warn or inadequate instructions) defects. Product liability cases pertaining to manufacturing defects involve goods that could pose a risk of harm to users as a result of errors occurring during the production process. An example might be a batch of medication that wasn’t properly packaged, exposing it to bacteria that contaminates the batch and causes adverse effects on patients.
Even when manufactured correctly, a product’s design could make it potentially dangerous. For example, a car model whose design makes it prone to toppling over would be deemed to have a design defect, and if a driver gets into an accident while operating the automobile, they could pursue a design defect product liability claim against the car manufacturer.
Liability cases of marketing defects typically concern items that fail to offer enough warnings or usage instructions. For instance, if a drug’s label fails to alert consumers of potential side effects or give accurate dosage guidance, consumers may be able to sue the manufacturer for damages if the drug causes them to have more health problems.
All three types of product liability lawsuits can be complicated. If you’re involved in one, you’ll want an attorney who has experience with these types of cases to help you through the proceedings.
Lisa M. Nousek 