Product liability claims are legal actions consumers take against manufacturers or sellers of products that cause harm or injury. Product liability is an area of law that seeks to hold manufacturers, distributors, and sellers responsible for the safety of their products.
1. Defective Product:
One of the primary elements of a product liability claim is that the product was defective. A product can be defective in three ways: design defect, manufacturing defect, or marketing defect. A design defect is a flaw in the product's design that makes it dangerous or unsafe. A manufacturing defect is a flaw that occurs during the manufacturing process, making the product hazardous or unfit. A marketing defect is when the product is marketed in a false or misleading way.
2. Injuries or Damages:
Another critical element of a product liability claim is that the plaintiff suffered injuries or damages due to the defective product. Injuries can range from mild to severe, including burns, broken bones, cuts, and internal injuries. Damages may include medical expenses, lost wages, and pain and suffering.
3. Evidence of Defect:
The third element of a product liability claim is evidence of the product defect. Evidence can include product samples, documentation, and witness testimony. It's essential to preserve the product and as much information as possible for use in the legal process.
The fourth critical element of a product liability claim is causation. The plaintiff must demonstrate that the defect caused their injuries or damages. This can be challenging to prove, as other factors may contribute to the injury or damage.
The final element of a product liability claim is establishing liability. Liability can fall on several parties, including the manufacturer, wholesaler, distributor, retailer, or distribution chain. It's essential to identify all potential sources of liability and hold them accountable for your injuries or damages.
Rochester Defective Product Lawyers
At Faraci Lange, LLP, our team of skilled attorneys has decades of experience representing clients in product liability cases, and we are committed to fighting for the justice and compensation you deserve. Contact us today at (888) 997-4110 to schedule a free consultation and learn more about how we can help you with your product liability claim.