| Product Liability FAQs
What is product liability?
Who can bring a product defect
lawsuit?
Who can be held accountable in
a product defect case?
What types of damages may be
sought in a product liability lawsuit?
How do I prove a product is
defective?
Do I need a lawyer in a
product liability case?
Can I bring a product
liability claim against a manufacturer for incorrect product
labeling?
Is there a Federal product
defect law?
What is product liability?
Manufacturers of food products, drinks, engineering goods, medicines, etc are expected to be careful in their production. If they fail in their duty, they are liable to pay compensation for the consequences because their defective products might cause loss of life and damage to property.
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Who can bring a product defect lawsuit?
A product defect 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. Product defect lawsuits generally involve several legal theories including negligence, strict liability, and breach of warranty.
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Who can be held accountable in a product defect case?
It may be possible to hold any entity in the product's chain of distribution responsible for the harm caused by the dangerous product. This could include the manufacturer of the product, the manufacturer of a defective component of the product, a distributor of the product, or the end-seller of the product.
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What types of damages may be sought in a product liability lawsuit?
A person injured due to a defective product may seek compensation for:
- medical expenses
-
physical pain and suffering
-
mental anguish
- disfigurement
-
physical impairment
-
loss of earning capacity
-
property damage
- punitive damages
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How do I prove a product is defective?
Proving a product is defective requires careful examination and evaluation of the product by scientists, engineers, and other experts. It also requires in-depth study of the history of the product's design, patenting, and manufacture. Thorough research of applicable industry and governmental standards is essential to the successful handling of a product liability case. You should
contact an attorney at Younce & Vtipil immediately to assist you in gathering all of the information necessary to present your case.
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Do I need a lawyer in a product liability case?
Due to the complexity of product defect cases and the need for expertise in the engineering and scientific fields, any victim of a dangerous product should
consult a lawyer at Younce &
Vtipil.
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Can I bring a product liability claim against a manufacturer for incorrect product labeling?
Yes. Marketing defects include improper labeling of products, insufficient instructions, or the failure to warn consumers of a product's hidden dangers. A negligent or intentional misrepresentation regarding a product may also give rise to a product defect claim.
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Is there a Federal product defect law?
There is no federal product defect law. Typically, product defect claims are based on state laws, and brought under the theories of negligence, strict liability, or breach of warranty. In addition, a set of commercial statutes in each state, modeled on the Uniform Commercial Code, will contain warranty rules affecting product liability.
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