GET ANSWERS TO YOUR QUESTIONS!

1. What is product liability?

Answer: Product liability law requires manufacturers to design, manufacture and provide proper instructions and warnings to foreseeable uses of their products for all consumers’. This applies to all products, from: toys and cribs, automobiles, industrial products and medical devices. If a product manufacturer produces a defective product, fails to warn the public of the defect or fails to remedy the defect, the manufacture is liable for the injuries and damages caused by the defective product.

2. If a defective product injured me or a loved one, who can I file a claim against?

Answer: You can make a claim against the manufacturer of the product and in some cases the seller of the product, such as a distributor. If there have been changes made to the product or repairs, the individuals or entities involved in changing the product or making the repairs may also have some responsibility, depending upon what was done and when.

3. What must be proven in a product liability case?

Answer: There are three basic elements in a product liability case:
(1) The product must have been in a defective condition o reasonably dangerous for its intended use, at the time it entered into the consumer’s hands. This can include negligence in the design of a product, a manufacturing defect, which occurs when the product is sent out into the public without proper quality control and inspection, and/or if the warnings and instructions are improper.
(2) The defect must have existed when the product left the manufacturer’s control.
(3) the defect must have been the proximate cause of the injury or death. Proximate cause is a legal term, which means a cause, and not necessarily the only and single cause.

4. What if the product had a visible disclaimer? Does the manufacturer still have an obligation to warn?

Answer: A product disclaimer does not always protect the manufacturer from liability. The end use of a product is foreseeable and it is foreseeable that it will be used by inexperienced consumers. As such the product manufacturer must still ensure that the product will not lead to injury and/or the death of the consumer.

5. What damages can be recovered in a defective product case?

Answer: You can recover for past and future medical expenses, funeral and related injury expenses, pain, disability and emotional distress, diminished earning capacity and disfigurement, both in the past and in the future. Your uninjured spouse may also have a right to recover for the loss of services and society caused by your injury.

6. When is a manufacturer liable for injury caused by a defective product?

Answer: A manufacturer is liable if they admit liability or are proved liable in a court of law, by a verdict. However, many times liability will never be accepted, even if and when a case may settle.

7. Do I need to retain an attorney and how soon?

Answer: Product manufacturers and their insurers have major resources and personnel to immediately begin preparing a defense of the claim. It is in your best interests to have an experienced law firm assisting you in securing your legal rights, as soon as possible. It is imperative to gather evidence immediately after an injury occurs and to begin implementing a plan of attack to secure justice. Time is of the essence in product liability cases, and the teams of attorneys at M&A Law Firm stand ready to pursue the responsible parties.