What is Product Liability and How Does it Affect a Personal Injury Suit?

Personal injury lawsuits are filed to hold those who have acted negligently against you responsible for the damages that you have suffered. There are many different types of personal injury lawsuits, but if you have been injured or gotten ill as a result of a dangerous product, it is likely that your claim will be considered a product liability case. In this type of lawsuit, a manufacturer, seller, and other entities in a product’s supply chain are accused of responsibility for your damages, and your attorney will work to prove that is the case.

When a product makes a person ill or when someone suffers injuries as a result of a product breaking down or performing poorly, product liability lawsuits are usually the result. Examples of the former include lawsuits against companies whose products contain asbestos and which lead to a diagnosis of malignant mesothelioma, lung cancer or asbestosis. Deaths and injuries caused by defective airbags, brakes or tires are examples of damages caused by a product breaking down or performing poorly.

Proving that a manufacturer is responsible for an injury requires showing that the product was either unreasonably dangerous or that the consumer was not provided with adequate warning of how to safely use it. The dangers of a product can be the result of a manufacturing defect or a design defect. In either case, if a jury agrees that the company failed to exercise reasonable care in ensuring that the product was safe, the company will be found responsible for the damages that the victim suffered.

In some product liability cases, the defending company may be accused of fraudulent actions in selling the defective product. In these instances, the jury needs to be convinced that the company made certain representations that they knew were not true in order to convince the consumer to buy the product.

When a jury agrees with the victim that a company has sold them a product that was defective and that the product’s defects led to their personal injury, the victim will be awarded compensation for their actual medical bills and other economic damages such as loss of earning capacity, lost wages, and property damage. They may also be awarded compensation for the pain or emotional suffering that they have experienced. If a jury also believes that a company was fraudulent in its assertions about the product, or tried to hide its dangers, the company may also be required to pay punitive damages, which are meant to serve as punishment for their unethical and malicious actions.

If you or someone you love has suffered a personal injury caused by a defective product, our product liability attorneys can help. Contact us today for more information or to set up a free consultation.