What is the most common cause of action in a product liability claim?
Can I sue for a defective product?
You can sue a manufacturer for a defective product. A consumer may also hold a company liable for breaching an implied or express warranty. You may need to prove the breach of warranty caused you serious harm or prevented you from conducting business to be awarded a settlement for damages.
What do you have to prove in a product liability case?
The plaintiff can bring a product liability claim under negligence if the manufacturer or seller owed a duty to provide a safe product, did not and the breach of duty was the cause of the plaintiff’s injury.
What are the three main types of product defects that can result in product liability?
Design defects, Manufacturing defects, and Marketing defects.
What is product liability tort?
If you are harmed physically or suffer property damage from defects of a product you purchased, you may be able to sue for product negligence. Dangerously Defective or Unsafe Products means a vendor may be liable for prosecution if the product is Dangerously Defective or Unsafe and has caused an injury or damages that require a settlement to restore.
How does a Recall Affect a Defective Product Injury Claim?
In many cases, if a defective product is purchased and has caused your injury or injured a loved one, you have the right to sue for compensation regardless of whether or not the manufacturer issued a recall. A recall does not protect manufacturing companies from facing the consequences of releasing a defective and dangerous product to the public but it does hopefully reduce the number of injuries from known defects by removing the product from the market as quickly as possible.
Can I sue for damages from a Defective Product that caused damages or Injury?
In order for a plaintiff to recover damages in any type of personal injury case, including a products liability lawsuit, the plaintiff has to have suffered some type of legally compensable injury.