Thursday, October 29, 2009

Product Liability Lawsuits Can Protect Consumers from Defective Products Posted By : Daniel Beasley

You bought a product, but it didn’t work as promised. Maybe the product even injured you, or made you ill. Do you have a case for a product liability lawsuit? Let’s take a closer look at some of the qualities of successful product liability lawsuits.



Defects & Liability

A product may be considered defective if it has a flawed design, or if it was rendered defective due to a manufacturing error. You can also file a product liability lawsuit if a potentially dangerous product was marketed inappropriately or deceptively. A marketing defect also occurs if the product wasn’t packaged with instructions for safe use.



Manufacturers, retailers, and distributors of harmful products can all be held liable for any injuries resulting from the use of a product.



Proving Your Case

To create a strong case, you will need to be able to show that you purchased the product legally and used it according to the manufacturer’s instructions. If you purchased an item illegally or used it improperly, you will not have a case. Also, be aware that some items are considered to be dangerous by design, and do not require warnings. These items include knives, chainsaws, axes, and other items that cannot be rendered ‘safe’ by packaging them with instructions. You will also need to show that your injury was directly caused by your use of the item, and that you suffered damages as a result of your injury.



Class Action & Individual Lawsuits

Sometimes plaintiffs band together to file class action lawsuits against large companies. The tobacco industry is one example of a class action lawsuit that focused on a product’s marketing defects. In this case, the plaintiffs contended that the tobacco industry didn’t disclose the potential dangers of smoking in its ad campaigns.



You can also file an individual product liability lawsuit. Most personal injury and product liability attorneys take their fees from your settlement. That is, if the case is successful, they use part of the money you receive to cover their fees. If you think you have a case for a product liability lawsuit, speak with an attorney in your area.

If you are injured by a defective product, product liability attorneys can help. Victims and their families can pursue personal injury or wrongful death claims to recover damages and other compensation.

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