Claims Can You Make If You Are Injured By A Defective Product

A defective product is a product which is unreasonably dangerous for its intended use.   This area of law is called Product liability law.   Products which have become the subject of litigation include:

• Automobiles
• Medical devices
• Tobacco
• Drugs
• Appliances
• Tools
• Equipment
• Blood

Claims can be brought against anyone who has been involved in distributing the product, including:

• Manufacturers
• Wholesalers
• Retailers

There are essentially three theories which the Injured Party may use to recover damages.   They are:

• Negligence - The plaintiff must prove that the defendant had a duty to exercise reasonable care in the manufacturing or selling of the product and that they failed to do so.   Negligence can include almost anything ranging from the design of the product, to failures to warn of the dangers of using the product.   The defendant can defend the claim by arguing the plaintiff's contributory negligence.
• Breach of Express or Implied Warranties - These are violations of express contractual guarantees or an implied guarantee because the defect makes the product unfit for the purpose it was intended.   Contributory negligence is not a defense.
• Strict Liability - Once the plaintiff establishes that the product is defective, the defendant will be considered liable no matter how much care was taken by the defendant in designing or selling the product.   Contributory negligence is not a defense.

Since the laws vary greatly from each jurisdiction with regard to the deadlines to file a claim, what you must prove, and what you can recover, it is very important to discuss your case with an attorney as soon as possible.