Defective Products and Product Liability

Personal injuries can come from many sources. One source is from a defective product. When a product is defective, several people involved in the chain of manufacturing, distributing, and selling the product can be liable to a person injured by the product in a products liability case.

Products liability claims are time sensitive. The deadline to file most products liability claims is two years from the date of the injury. There are some exceptions to the rule. In some cases, the clock does not start ticking until there has been exposure to the product, injury from the product and reason to know of the connection between the exposure and the injury.

If the manufacturer has intentionally misled the public on the safety of its product, the time for filing a claim could be extended. If a claim is not filed before the deadline, the claim may be thrown out altogether.

A products liability claim occurs when a defective product causes injury to someone. A product is considered defective if it poses an unreasonable risk of harm to its user, or even in some circumstances, to bystanders. The defect can be in the design or manufacture of the product. Different facts must be proven depending on the type of defect.

Manufacturers of products also have a responsibility to provide warning labels to users of potential dangers and uses of the product. The failure to place a warning label on a product, or placing a deficient label on a product without the appropriate information, may be a product defect in which the individuals in the chain of distribution can be liable for.

When the injured party is found to have been negligent in using the product, the defendants’ liability may be reduced accordingly. The victim may be negligent if they failed to use ordinary care in using a product, or if they used it for an unintended purpose.

 

Posted in Personal Injury

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