After an injury by a defective product, it is in your best interest to speak with an attorney who practices in product liability law. This is because the laws regarding defective products vary, and sometimes strict liability will not apply to your injury case. Therefore, to collect compensation, you need someone who understands how the law applies to your injury and what options you have for compensation.
Typically, a party may recover damages against a manufacturer based on negligence, liability, or a breach of warranty.
What is Product Liability?
Product liability is when a manufacturer or seller is held liable for damage caused by a defective product. This is a product that was placed in the hands of the consumer, used correctly, and led to injuries. Sometimes, the defective product does not have adequate warning labels about known potential dangers; therefore, the manufacturer may still be responsible regardless.
It is important to understand that there is no federal product liability law. Instead, laws are based on state statutes. Also, commercial laws are modeled closely after the Uniform Commercial Code, which dictates warranty rules for products.
Identifying Defendants in a Product Liability Case
The first thing your attorney will do is identify who is responsible for your injuries. Typically, a product liability claim will have one or more defendants listed on the claim. Before, the injured party must have been the purchaser of the defective product, but today, a plaintiff does not have to be the original party that purchased the defective product to file a claim against the manufacturer.
Anyone who foreseeably could be injured by a defective consumer product may recover for the injuries if the product was sold to him or her.
Most cases of product defects will follow the chain of distribution, and may include multiple defendants such as:
- The manufacturer;
- The manufacturer of minor components;
- The party that assembled or installed the product;
- The wholesale company; or
- The retailer.
For strict liability to apply in a personal injury case, the product must be sold during the supplier’s regular business. Therefore, a retailer that sells a product out of the home would not be liable in the same action.
Unavoidably Unsafe Products
Some products cannot be made safer without the product losing its purpose. For example, a chainsaw is inherently dangerous, but to remove the chainsaw portion would render the product useless to the public. These products require users who understand how to operate them to reduce injury or death.
If a product is unreasonably dangerous, a manufacturer must give proper warnings to the public so that they can protect themselves. By doing so, they may avoid liability. However, if the manufacturer does not provide adequate warning, then they could be held liable.
Injured by a Defective Product? Contact Attorney B. Clarke Nash Today
If a defective product has seriously injured you, you have the right to seek compensation under the law. Contact attorney B. Clarke Nash today to discuss your case by calling 912-200-5292 or request a consultation appointment online.