Defective products are part of everyday life. But, usually these products don’t cause substantial harm to people. Unfortunately, however, when defective products do cause harm, such a situation can leave victims with life-changing injuries. That is when “product liability” law may be able to help.
So, what is “product liability” law and how might it be able to help those who have been injured by defective products? Well, this area of the law falls under the larger umbrella of “torts” law—commonly referred to as personal injury law. Product liability law, however, is different because it tracks the design, manufacturing and construction of products that cause harm—where, in that chain, did errors arise that led to the product being defective?
Analyzing that chain can become quite complex at times. And, the burden of proof can often be difficult to meet. For example, usually, if a design defect is part of the allegations in a product liability lawsuit, the “plaintiff”—the injured party—must prove that inherent design defects existed at that first stage. Or, plaintiffs must show that errors occurred during the manufacturing process. It may even be the plaintiff’s burden to show that the product came with inadequate instructions for use, or that there was a failure to warn about certain dangers when using the product.
Looking at your case
If you have been injured by a product that you believe is defective, you may have a valid personal injury case to pursue. The facts surrounding the situation, however, will be crucial. Looking at all of the possibilities when deciding whether to pursue your case will be a significant first step.