Product Liability Lawsuits

An individual who has been injured or suffered other damages because of using a product may be able to initiate a product liability lawsuit. Generally, product liability lawsuits involve three types of claims: defective manufacturing, defective design, or defective marketing (failure to provide adequate warning or instruction about the proper use of the product).

Product Liability Claims

Typically, product liability claims can be filed against all parties that were involved in the chain of distribution of the product that caused the injury. Manufacturers, designers, suppliers, wholesalers, distributors, and retailers comprise the chain of distribution. In a product liability claim, there are several basic elements a plaintiff must prove. They must show that they were injured, or suffered some kind of damage, and that it was because of the product either being defective or lacking in proper warning or instruction. They must also prove that they were using the product as it was intended to be used.

Compensation for Damages

Two types of damages may be awarded in a product liability lawsuit: compensatory and punitive. Compensatory damages usually cover economic losses sustained by the victim, such as medical expenses, lost wages, damage to property, and pain and suffering. In product liability claims involving wrongful death, compensatory damages may also include funeral expenses, loss of benefits, loss of support, and other damages. Occasionally, if a judge or jury believes a defendant was especially negligent, they may award punitive damages designed to punish the defendant for their behavior and to deter them from doing it again. Punitive damages could be likened to a fine. They are often sizable penalties, calculated based on the level of misconduct.

If you are injured or someone you love is killed as a result of a defective product, a personal injury attorney can help you understand your rights.