Photo by Diana Polekhina on Unsplash
Diana Polekhina on Unsplash

A person's life can change in an instant before they ever realizing something is happening. Unfortunately, product malfunctions account for an extremely large amount of serious injuries, and fatalities in some cases, on a yearly basis. While data for 2022 is still being compiled, over 11 million people suffered an injury in 2021 as a result of a defective product that they were using.

The fact that 2021 is a low year for injuries compared to historical figures is telling in and of itself. While it may not be a pleasant thought, learning everything there is to know about product liability lawsuits can help a person build their case if they find themselves injured in their day-to-day life.

What is Product Liability?

As outlined by Cornell Law School, product liability law refers to the liability that any and all parties who contributed to the manufacturing of a product have in a situation where damage is caused via the product. Whether it is the person distributing the product, the manufacturer, or everybody in between, product liability can be expansive.

Who is Liable in Regard to Products?

Mentioned above, a wide variety of people and companies could be held responsible in a product liability lawsuit. The most common of these include:

  • The manufacturer of the parts within the product

  • The manufacturer who took care of the assembly for the product

  • The organization which acted as the wholesaler for the product

  • The retailer of the product itself

In some cases, depending on the situation, it may be possible to hold more than one of the above groups liable when injured due to a product.

Three Primary Types of Product Liability

When it comes to product liability lawsuits, there are generally three areas in which product liability will occur. These all include:

Design Defects

The first type of product liability is when the actual design of a product is defective to begin with and can lead to injury simply because of that design. Given that design defects exist from the conception of the product, the original creator of that product is most often held liable. In the majority of states around the country, the injured party needs to prove that the product was defective by design.

Manufacturing Defects

The second type of product liability situation which may occur is a manufacturing defect. This type of product liability occurs when something goes wrong during the actual manufacturing of the product or its overall production. Generally, an entire product line is not defective in this situation, rather only a couple of units.

Marketing Defects

Finally, a more unique form of product liability stems from improper marketing for the product. If marketers describe improper directions for assembly or if a company fails to warn consumers about known dangers regarding certain use of the product, they could potentially be held liable for the issue. Additionally, marketing the product incorrectly on television or with physical advertising could also be ground for a product liability case.

How is Product Liability Overturned?

Unlike other forms of injury cases, product liability revolves around strict liability laws. This means that the injured party only needs to prove that the product was defective, but they don't need to prove negligence. Intent from the company does not matter in product liability.

Even if a company took great care to safeguard their product, the court will still find them liable if a product is defective. However, when the liability case is based on a design flaw, the court will determine liability based on the following two strategies:

  • Risk-to-Utility Test: First and foremost, if the utility of a product actually outweighs the inherent risk that the product has then the company will not have liability assigned to them for the situation.

  • Consumer Expectation Test: A reasonable consumer must find the product to be defective when using it normally for the defendant to be held liable. If a reasonable consumer would not identify the design flaw that made the product defective, the organization would not be held liable even if there was an injury.

Common Types of Damages Involved in a Product Liability Lawsuit

Navigating the nuances of product liability law will require the help of a product liability lawyer who can help guide a person through the specifics of their case. However, there are four main damages that could emerge from a defective product which a consumer may be suing to receive compensation for:

1. Medical Care

The most direct form of damages that a person tends to suffer from in a product liability lawsuit are medical care costs. This means that surgery costs or general medical bill costs, which can cost thousands of dollars, would potentially be paid out by a company if they were to be found liable.

2. Pain and Suffering

Pain and suffering damages refer to any injuries that are not necessarily economic. For perspective, physical discomfort or emotional distress resulting from emotional trauma, inconvenience, anguish, or other items could qualify.

3. Lost Wages

Lost wages are the expenses that come from not being able to work after being injured in an accident. This can amount to tens of thousands of dollars from losing work after the accident, but a product liability lawsuit can result in compensation which covers these potential losses.

4. Property Damage

Finally, it's possible that you yourself were not injured as a result of a defective product, rather your property was instead. Property damage compensation can make you whole from repair bills or other similar costs associated with bringing your property back into working order.

Seek out legal counsel for your case today

Nobody wants to be injured by a product that the trust and enjoy using. Beyond breaking that trust and ensuring that the product will never be used again by that consumer, the person who is injured may have suffered extremely serious injuries that could take a long time to recover from, if at all. Don't settle for being injured by a product that you were using normally and within reason. Reach out to legal counsel who can help you build a product liability lawsuit case to receive compensation for your injuries.