Frequently Asked Questions (FAQs)
Defective and Dangerous Product Questions
- Who can bring a Product Liability suit?
- Who can be held accountable in a product liability case?
- What types of damages may be sought in a product liability lawsuit?
- What is product liability?
- How do I prove a product is defective?
- Do I need a lawyer in a product liability case?
- If I am seriously injured by an appliance or some other type of mechanical apparatus that is more than two years old, does that mean that the product is too old to have a lawsuit for product liability?
- Our brand-new power mower backfired and injured me. From whom may I recover damages?
- Can I bring a product liability against a manufacturer for incorrect product labeling?
- Is there a Federal product liability law?
- Safety Alert -- Lock Bumping And Bump Keys
Answers to your Questions
Who can bring a Product Liability suit?
A product liability lawsuit may be brought by or on behalf of an individual injured or killed by a defective product against the manufacturer (and possibly the wholesalers, distributors and seller) of the defective product. Product liability lawsuits generally involve several legal theories including negligence, strict liability, and breach of warranty.
Who can be held accountable in a product liability case?
It may be possible to hold any entity in the product's chain of distribution responsible for the harm caused by the dangerous product. This could include the designer of the product, the manufacturer of the product, the manufacturer of a defective component of the product, a distributor of the product, or the end-seller of the product.
What types of damages may be sought in a product liability lawsuit?
A person injured due to a defective product may seek compensation for: medical expenses, physical pain and suffering, mental anguish, disfigurement, physical impairment, loss of earning capacity, property damage, and punitive damages. A person killed by a defective product may seek compensation for wrongful death. It is important to note that the statue of limitations for wrongful death is just two years, rather than the three years generally available where the defective product inflicts injury but does not result in death.
What is product liability?
Manufacturers of food products, drinks, engineering goods, medicines, etc., are expected to be careful in the design and production process. If they fail in their duty, they are liable to pay compensation for the consequences because their defective products might cause loss of life and damage to property. ALWAYS RETAIN THE PRODUCT. Do not give it over to a representative of the manufacturer or the manufacturer's insurance company.
How do I prove a product is defective?
Proving a product is defective requires careful examination and evaluation of the product by scientists, engineers, and other experts. It also requires in-depth study of the history of the product's design, patenting, and manufacture. Thorough research of applicable industry and governmental standards is essential to the successful handling of a product liability case.
Do I need a lawyer in a product liability case?
Due to the complexity of product liability cases and the need for expertise in the engineering and scientific fields, any victim of a dangerous product can benefit from the services of a lawyer. Without a lawyer, the chances of recovery are not as good.
If I am seriously injured by an appliance or some other type of mechanical apparatus that is more than two years old, does that mean that the product is too old to have a lawsuit for product liability?
No. A product liability claim must be brought within three years of the time when the accident occurred (two years in Pennsylvania or where a death results). This does not mean that the device responsible for the injury cannot be much older, for example, five, ten or even fifteen years older. The manufacturer's duty will be gauged by the state of the art at the time the product was designed and manufactured.
Our brand-new power mower backfired and injured me. From whom may I recover damages?
This is a typical product liability case. You may be able to prove that the manufacturer of the lawn mower made a defective product. Most courts today hold companies responsible for a defective product strictly liable to consumers and users for injuries caused by the defect, particularly where the injury was foreseeable to the manufacturer.
Can I bring a product liability against a manufacturer for incorrect product labeling?
Yes. Marketing defects include improper labeling of products, insufficient instructions, or the failure to warn consumers of a product's hidden dangers. A negligent or intentional misrepresentation regarding a product may also give rise to a product liability claim. Warnings must be conspicuous and effectively communicate the hazard associated with improper uses.
Is there a Federal product liability law?
There is no federal product liability law. Typically, product liability claims are based on state laws, and brought under the theories of negligence, strict liability, or breach of warranty. In addition, a set of commercial statutes in each state, modeled on the Uniform Commercial Code, will contain warranty rules affecting product liability.
Safety Alert -- Lock Bumping And Bump Keys
"Lock Bumping" is the latest safety issue for homeowners. This video shows how burglars can break into many homes by using a "bump key" to open a door lock. This is a serious matter, and all homeowners should be aware of this potential problem. Click twice on the arrow to view the video.
Please see our webpage on Defective Products for more information.
