Personal injury law allows victims to file a civil lawsuit against those responsible for their injuries or wrongful death, and a product liability case can hold the manufacturer, wholesaler, or distributor of a product liable if a consumer is injured or killed as the result of a dangerous or defective product. This could include any of the following:
• Food products
• Prescription drugs
• Medical devices
• Blood products
• Commercial jets
Under the legal doctrine of strict liability, the injured victim, or the victim’s representative, can sue a manufacturer for injuries because the manufacturer is required to guarantee that their goods and products are safe for consumers to use.
What is Strict Liability?
Strict liability is the legal responsibility in which the plaintiff can obtain damages for their injuries, even if the individual found strictly liable was not at fault. The plaintiff must be able to prove that the defendant could or should have prevented the accident from occurring. If they knew about a defective product and failed to take action, then they are strictly liable for damages resulting from the accident.
In cases involving dog bite injuries, the injured victim may have a claim against the owner even if there was no malice intended. People who keep wild animals may be held strictly liable for any injuries the victim sustained because the owner was aware of the potential danger.
Strict liability, sometimes referred to as absolute liability, often applies to cases in which a victim is harmed due to dangerous activities, such as demolition of a building, blasting, drilling for oil, excavating, transporting dangerous chemicals, or disposing of chemical wastes.
Dangerous or Defective Products
Thousands of people are injured or killed every year due to dangerous or defective products. Some of these products include common household cleaners, children’s toys, and kitchen appliances. In these cases, a manufacturing defect, design defect, or failure to warn the consumer about how to properly use the product may be to blame. Playground injuries are one of the primary causes of children being seriously hurt. Fatalities can occur when a child is strangled as a result of them becoming entangled or entrapped in playground equipment. In these types of cases, the following may be held legally liable:
• the equipment designer,
• the company that installed the playground equipment,
• anyone responsible for properly maintaining the equipment, and
• the individuals responsible for supervising the children at play.
Contributory vs. Comparative Negligence
Many states have laws regarding negligence when establishing liability. Product manufacturers may claim that the injured party is partially to blame because of their carelessness. If the plaintiff contributed to the accident in any way, they may be prevented from recovering damages. This is known as contributory negligence and even if they were only one percent responsible, their claim for damages may be greatly reduced.
Some jurisdictions have comparative negligence laws. This means that the plaintiff may only recover a certain percentage for their injuries. For example, if a victim is suing for $100,000 and is found to be 25% at fault, the damages would only amount to $75,000 if the defendant is found guilty.
How you get Help
A Personal Injury lawyer can help anyone who has been injured due to a defective or dangerous product should consult with a personal injury attorney for legal advice. Family members can sue on behalf of victims that were killed by bringing a wrongful death suit against those responsible. The statute of limitations varies in each state and the law limits the amount of time in which the plaintiff can seek damages. Damages for injuries or wrongful death may be brought against the retailer, distributor, or manufacturer of the defective product.