If you buy a product that proves to be defective, you may actually have a legal case. Product liability can sometimes be a difficult thing to prove. 

In the legal definition, it is when a manufacturer or seller can be held liable for putting a defective product into the hands of a consumer. 

To prove liability in these cases, it must be shown that the manufacturer knew, or should have known that the product was going to fail, that the design was bad, and that the result would be possible injury to the end users. 

Some states have special statutes that govern defective products, or product failures, but it must be proven that a defect exists. This is known as a fault-based system. 

While there is no federal product liability law, some states have strict liability laws. If someone puts a product in the stream of commerce and it fails, and a consumer is injured because of that product, the manufacturer is automatically held liable.

Product Recall is a little different in that there is recognition by the maker of the product that there is a defect. However, you still must prove that the defect exists, and that it caused damage, in order to recover legally from the manufacturer.

If you have been injured by a defective product and wish to pursue a lawsuit to recover damages, consulting an attorney who specializes in these cases should be your first step.

Some things to keep in mind about Product Liability cases:

  • You don’t have to be the product user. You may simply have been in the vicinity when a product misfired and you were injured. You may still be able to bring a claim.
  • You don’t have to be the buyer; the product could be a gift you received.
  • Even if you have purchased a used product, you may still be able to bring a claim if it malfunctions and you are injured.

If you have legal questions, please consult our Online Legal Directory to find an attorney in your area.

Pin It on Pinterest

Share This