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Each year, thousands of individuals are harmed by defective or dangerous products. The legal area that governs this type of injury is called product liability. This term refers to a seller or manufacturer being held responsible for putting a defective product into the hands of a consumer. A product is deemed defective if it has an unexpected defect or danger and fails to meet the consumer’s normal expectations. If you have been injured by a defective product, it is important to understand the legal options you have in these situations and the legal remedies you can pursue.
Different Types of Product Liability Defects
There are three types of product liability claims that can arise. They include the following:
Manufacturing Defect
A manufacturing defect is a variation from the intended quality and specifications of a product that arises during the manufacturing process. These types of cases generally involve products that would have been safe had they been manufactured appropriately.
Design Defect
A design defect refers to a flaw inherent in the design of a product, which makes it dangerous to consumers. This means these products are unsafe even if the manufacturer made the item correctly, as there is no way to make the product safe.
Marketing Defects
Marketing defects arise when issues arise in the way a product is marketed to the public. This commonly happens when a product lacks proper instructions or warnings regarding its proper usage and operation.
Who Is Responsible for a Product Liability Legal Claim?
In product liability cases, plaintiffs usually sue the manufacturer or retailer of a product for selling a defective or hazardous item to the consumer. However, all parties involved in the distribution chain can be held accountable in such lawsuits. This is because manufacturers, retailers, and distributors are obligated to market only those products that meet consumers’ ordinary expectations. As a result, it is common to name several defendants in a product liability lawsuit, including the:
- Retailer
- Wholesaler
- Distributor
- Others in the supply chain
Types of Damages You May Be Able To Pursue
If you pursue a product liability case, you may be able to go after monetary damages for the harm and losses you endured. These types of damages can include payment for:
- Past and current medical bills
- Ongoing medical expenses
- Property damages
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Other losses and expenses
Working with an experienced product liability attorney can better help you understand not only which parties may be held responsible for the losses and damages you suffered, but they can also help you fight for the maximum financial damages you are entitled to.
Contact Richard D. Hobbs & Associates Today for Further Information
If a defective product has harmed you and you want to know if you have a possible legal claim, contact Richard D. Hobbs & Associates today. Our legal team can review the facts of the case, determine the legal actions you can take, and help you fight for the justice you deserve.