Product liability injuries can happen in many different ways. Whether a product is defective or unreasonably dangerous, it can cause harm and injury to the user. When this happens, those who are injured may be able to recover compensation for their losses through a product liability claim. If a product has injured you, you must speak with an experienced attorney who can help you understand your legal rights and options.
What is Product Liability?
Product liability refers to the legal responsibility of manufacturers, wholesalers, and retailers for injuries caused by defective or dangerous products they sell. There are three main types of product defects: design, manufacturing, and marketing. Design defects are flaws in the original design of the product, which make it inherently dangerous even when it is manufactured according to specifications. Manufacturing defects occur during production when a product is made in a way that deviates from the intended design. Marketing defects refer to errors or omissions in how a product is marketed, such as inadequate warnings or instructions.
Types of Product Liability Claims
There are three main types of product liability claims: negligence, strict liability, and breach of warranty. In a negligence claim, a plaintiff must prove that the manufacturer or other party acted negligently, such as by failing to test the product adequately or by failing to warn of known dangers. In a strict liability claim, a plaintiff does not need to prove negligence but only that the product was inherently dangerous or defective. In a breach of warranty claim, the plaintiff argues that the product did not meet the implied or express warranties made by the seller or manufacturer.
Who Can Be Held Liable for Product Liability Injuries?
Anyone who is involved in the chain of distribution of a product can potentially be held liable for product liability injuries. This includes manufacturers, distributors, wholesalers, and retailers. In addition, designers and engineers can also be held responsible for design defects.
Proving a Product Liability Claim
In order to prove a product liability claim, a plaintiff must show that the product was defective or unreasonably dangerous, that the defect caused their injuries, and that they suffered damages as a result of the injuries. This can be done through evidence such as expert testimony, product testing reports, and medical records.
Product Liability Attorneys in Harrisonburg
If a defective or dangerous product has injured you, don't hesitate to seek legal assistance from our experienced product liability attorneys at Obenshain Law Group. Contact us today at (540) 318-7360 for a consultation, and let us guide you through holding those responsible accountable for their actions. Don't wait; take action now and secure the justice you deserve.