Product Liability and Personal Injury Claims

Remember any situation where you heard of a tire blowing out and leading to a serious incident. Although, the tire is meant to bear the heavyweights of the vehicle, supports it and resists any kind of punctures. Manufacturers from this company wanted to produce high-quality products but because of some negligence, they ended up releasing a faulty product.
This kind of carelessness by the companies will be met under the product liability case and the victim can claim compensation under the product liability. This gives the privilege to the consumer to file for a Personal Injury Claim under the product liability. Let us understand these terms briefly-

What is a Personal Injury Claim?

When an individual undergoes any injury or is harmed due to someone else’s carelessness or wrongdoing, these can lead to legal disputes known as personal injury claims. In cases like these, the injured person or their close family members may demand compensation for expenses associated with medical treatment, lost income, agony and distress, and any other damages.
Having a deeper understanding of fundamental concepts related to personal injury claims can facilitate people to defend their legal rights and make sure that they are granted reasonable settlements or rulings.

What is Product Liability?

This is an area governed by the law under which it safeguards people from the harms or losses made due to defective or dangerous products.

As the term suggests, a responsibility that an owner of a company, a producer, a seller or a distributor has in terms of avoiding any harm or injury to the consumer is governed under this.
Product liability is the legal responsibility that is levied on manufacturers, distributors, and sellers for any injury or harm caused to consumers due to their products. Any kind of defect in the design of a product, the way it was manufactured, or misinformation given on labeling poses a potential threat to those who use it. If anyone experiences a personal injury due to a defect in the product, they are eligible to ask for compensation for the damages made.

When dealing with such cases, things can be confusing and time-consuming. To avoid the hassle let us understand step by step how to deal with it.

What are the Types of Product Defects?

The major ones are three-

  1. Design defect– A claim made under this lawsuit claims that the design of the product is faulty or dangerous for anyone even if it is manufactured properly.
    E.g. A chair has unequal legs so, no matter if they are assembled properly, the person sitting on the chair is still bound to trip.
  2. Manufacturing defect– A claim made here states that the original design of the product was safe to be used but any flaw during the manufacturing made it harmful for the consumer.
    E.g. The example of the tire bursting fits best here.
  3. Marketing defect– here the claim is made on the fact that a product should have proper labeling, instructions or warnings if any. If there is any inadequacy in doing so a claim can be filed by the victim.
    E.g. This might include medications, where the side effects are not disclosed properly.

How to Prove the Product Liability?

To recover compensation on behalf of the harms or injuries undergone due to any product, one has to prove that it was defective under any of the above three mentioned subcategories. This makes the complainant responsible for proving that the manufacturers or producers already knew or should know that the product had some defect and could cause harm.

Product liability is also known as a strict liability claim, where it is not required to prove negligence by the manufacturer or seller of the product. The demonstration of a defective product alone is enough to support the claim.

What are the Damages for Which the Compensation Can be Asked?

  • Expenses made on medical bills
  • Compensation for future medical care
  • Wages lost
  • Property damage
  • Pain and suffering
  • Punitive damages

As this law is complex and requires a strong understanding of the legal concepts and the liability, one should take assistance from an experienced attorney. They should have a proven record of success in such cases. This ensures that proper compensation is recovered for your loss.

For professional handling of your personal injury case, get in touch with The Allied Outsourcing. We offer legal services to individuals and law firms worldwide. We have extensive experience and an unwavering commitment to helping you get the best results and maximum compensation. Our clients rely on us as their trusted resource for cost-effective, efficient, and reliable legal support, which includes paralegal services for personal injury claims.

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