Do I Have Product Liability Case?

Posted by: Apr 25, 2018Articles & Advice

When you purchase a product, you do so because you have an expectation, in part, that the product will enhance your life in some way. Perhaps it will bring you joy, or maybe it will help you to accomplish something, or make completing a task easier. At the very least, no one expects that something that they invest money in will detract from their life, and certainly not cause them harm. Unfortunately, products are not always safe, and there are millions of products recalled every year. If you have a product caused you harm, you may have a product liability case. Here’s what you need to know:

The Basics of a Product Liability Case

As explained by the LexisNexis® Legal Newsroom, a person has a product liability case when they a product causes harm. The victim must prove that the product was “defective or unexpectedly dangerous.” There are three basic types of defects that exist, and on the basis of which you can bring a product liability claim.

Manufacturing defect

    • – When a product has a manufacturing defect, this means that the design of the product was safe and effective, but that something occurred during the manufacturing process to make the product unsafe. For example, perhaps a builder used a defective or improper material during manufacturing.

Design defect

    • – Unlike a manufacturing defect, a design defect means that something about the design of the product was inherently defective or dangerous.

Labeling defect

    – Finally, a product may be neither defectively manufactured or designed, but if it is improperly labeled or if warnings are not given on the label, the product has a labeling defect.

Do I Have a Product Liability Case?

Who’s Liable for Harm Caused by Defective Product?

Liability for a defective product may fall on anyone along the design, manufacturing, or distribution chain. For example, consider a situation in which an accident caused by a tire blowout harms a consumer. An investigation reveals that the blowout would not have occurred but for defectively manufactured tire tread. The inquiry also finds that the seller of tires knew of the defect, but sold the tires regardless. As such, the manufacturer of the tires and the seller may be partially liable for the consumer’s harm.

Do I Have a Product Liability Case?

In order to prove that you have a product liability case, you will need to establish that that product was in some way defective and that your injuries would not have occurred but for the defect. You will also need to prove damages. Damages that may be available in your case include compensation for your economic losses, such as medical expenses and lost wages, and noneconomic expenses, such as pain and suffering.

Contact Our Vermont Personal Injury Lawyers Today

If you have suffered an injury and believe that a defective product is to blame, our Vermont personal injury lawyers at the law offices of Sabbeth Law want to meet with you. Our experienced product liability attorneys can review your case for free, and provide you with the legal guidance you’re looking for. Reach us by contacting us by phone, or filling out the contact form on our website today.