Product Liability Claims

People who are injured by a product have the right to file a product liability claim in order to receive compensation for medical bills and loss time at work. They may also be able to collect for pain and suffering. Many product liability cases turn into class action lawsuits where a large group of people are represented at one time. In order to have a product liability claim, the victim must be able to prove negligence, breach of warranty or strict liability. The situations and need to prove vary from state to state and an attorney should be consulted to determine what is required. In the case of negligence the plaintiff must show that the manufacturer or retailer was negligent in selling the product. In addition, it must be shown that the injury or illness is a result of the defective product. Strict product liability claims are claims that the product has a design or manufacturing defect that make it inherently dangerous. This claim is different from negligence in that it does not have to be proved that the manufacturer knew about the danger. A breach of warranty claim occurs when the product does not live up to or did not have proper documentation on its uses and that injuries resulted from this.

Fast Facts

  • According to the CDC, in 2002 there were an estimated 212,000 ER visits due to toys.
  • When filing a product liability claim, be sure to keep the product as proof.

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  • Product Liability Claims

    Product Liability Law governs the civil process for compensating consumers injured by dangerous or defective p...
    • Site: productliabilitylawyer.com
  • Product Liability Overview

    Product liability torts cover the area of common law that allows for plaintiffs, also known as victims, to pur...
    • Site: lawfirms.com
  • Elements Required in a Product Liability Suit

    When a consumer buys a product they can expect it to meet certain ordinary expectations. If a manufacturer or ...
    • Site: lawfirms.com
  • Product Liability

    Products liability is the liability of any or all parties that are part of the manufacture of any product for ...
    • Site: productliabilitylawyer.com
  • How a Product Liability Case Works

    A product liability claim arises when a person is injured or killed by a defective or dangerous product.  Exam...
    • Site: productliabilitylawyer.com

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