Product Liability

1. Who can bring a product liability suit?

2. Who can be held accountable in a product liability case?

3. What types of damages may be sought in a product liability lawsuit?

4. What is product liability?

5. How do I prove a product is defective?

6. Do I need a lawyer in a product liability case?

7. If I am seriously injured by an appliance or some other type of mechanical apparatus that is more than two years old, does that mean that the product is too old to have a lawsuit for product liability?

8. Our brand-new power mower backfired and injured me. From whom may I recover damages?

9. Can I bring a product liability against a manufacturer for incorrect product labeling?

10. Is there a Federal product liability law?

1. Who can bring a product liability suit?

A product liability lawsuit may be brought against the manufacturer (and possibly the wholesalers, distributors and seller) of the defective product by or on behalf of an individual injured or killed by a defective product. Product liability lawsuits generally involve several legal theories including negligence, strict liability, and breach of warranty.

2. Who can be held accountable in a product liability 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.

3. 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

4. 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. For more information, see our Product Liability page.

5. 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.

6. Do I need a lawyer in a product liability case?

Due to the complexity of product liability laws and the need for expertise in the engineering and scientific fields, any victim of a dangerous product can benefit from the services of a lawyer. Contact a product liability attorney at Martinez, Manglardi, & to discuss your case.

7. If I am seriously injured by an appliance or some other type of mechanical apparatus that is more than two years old, does that mean that the product is too old to have a lawsuit for product liability?

No. A product liability claim must be brought within two years of the time when the accident occurred. This does not mean that the device responsible for the injury cannot be much older, five, ten or even fifteen years older.

8. Our brand-new power mower backfired and injured me. From whom may I recover damages?

This is a typical product liability case. You may be able to prove that the manufacturer of the lawn mower made a defective product. Most courts today hold companies responsible for a defective product strictly liable to consumers and users for injuries caused by the defect.

9. Can I bring a product liability 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 liability claim.

10. Is there a Federal product liability law?

There is no federal product liability law. Typically, product liability 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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