When a consumer makes a purchase, regardless of the type of product being bought, there are certain expectations as to the quality and safety of the product. Those expectations do not just exist in the minds of consumers, but companies, manufacturers, and designers are legally obligated to make safe products. Seeking compensation through a product liability lawsuit allows victims of defective and dangerous products to recover from serious injuries caused by the failure to make a safe product.
What is Product Liability Law?
The purpose of product liability laws are to ensure that there is a legal recourse for those who are injured by a defective product that falls short of meeting ordinary consumer expectations.1 Product liability lawsuits are based on claims filed through state laws and theories such as negligence, strict liability, and breach of warranty.2 Product liability lawsuits can be filed against any parties responsible for making a defective product accessible to consumers. Responsible parties may include all manufacturers of the product or component parts, parties that assemble or install the product, the wholesaler, the retail store that sold the product, or any other party involved with the production, marketing, and distribution of the defective product.3
Dangerous Products Capable of Causing Injury
Defective products can cause serious injury or death in a number of ways. There can be defects in the design, manufacturing (errors in assembly or component parts), or marketing.4 The design error may include rushed plans, poor engineering, or failure to properly analyze prior to mass manufacturing or marketing. Marketing errors include improper labeling, insufficient instructions, or inadequate safety warnings that cause injury despite the fact that the product itself is safe.5 This form of error normally means that the product requires special precaution or instruction for use to be safe, but the warning or instructions provided do not inform consumers of the need for a specific use. The final form of product liability arises when an inherently unsafe product is released into the market to unsuspecting consumers.6
Proving a Product Liability Claim
There are several required elements to be able to successfully prove a product liability lawsuit. A valid product liability claim will be able to show an actual injury or monetary loss, the existence of a product that is defective, evidence that the defect caused the injury, and the product was being used as intended by the manufacturer at the time of the injury.7 Identifying these four basic elements is an essential step towards proving a defective product claim.
Contact an Experienced St. Louis Product Liability Lawyer for a Free Consultation
If you have been injured, because of a dangerous product used in your home it is important to discuss the circumstances of the injury with an experienced product liability attorney who can help you to determine what claims should be filed and protect your legal rights and interests. To contact an auto accident attorney for a free consultation please feel free to call the The Bruning Law Firm trial attorneys at 314-735-8100.