| Product
Liability FAQs
1. Who can bring a
Product Liability suit?
A product liability lawsuit may be brought by or on behalf
of an individual injured or killed by a defective product
against the manufacturer (and possibly the wholesalers,
distributors and seller) of the defective product. Product
liability lawsuits generally involve several legal
theories including negligence, strict liability, and
breach of warranty.
2. Who can be held accountable in a product liability
case?
It may be possible to hold any entity in the product's
chain of distribution responsible for the harm caused by
the dangerous product. This could include the manufacturer
of the product, the manufacturer of a defective component
of the product, a distributor of the product, or the
end-seller of the product.
3. What types of damages may be sought in a product
liability lawsuit?
A person injured due to a defective product may seek
compensation for:
medical expenses
physical pain and suffering
mental anguish
disfigurement
physical impairment
loss of earning capacity
property damage
punitive damages
4. What is product liability?
Manufacturers of food products, drinks, engineering goods,
medicines, etc are expected to be careful in their
production. If they fail in their duty, they are liable to
pay compensation for the consequences because their
defective products might cause loss of life and damage to
property.
5. How do I prove a product is defective?
Proving a product is defective requires careful
examination and evaluation of the product by scientists,
engineers, and other experts. It also requires in-depth
study of the history of the product's design, patenting,
and manufacture. Thorough research of applicable industry
and governmental standards is essential to the successful
handling of a product liability case.
6. Do I need a lawyer in
a product liability case?
Due to the complexity of product liability cases and the
need for expertise in the engineering and scientific
fields, any victim of a dangerous product can benefit from
the services of a lawyer. Without a lawyer, the chances of
recovery are not good. Contact
Epperly & Follis, P.C. today to discuss your specific
case.
7. If I am seriously
injured by an appliance or some other type of mechanical
apparatus that is more than two years old, does that mean
that the product is too old to have a lawsuit for product
liability?
No. A product liability claim must be brought within two
years of the time when the accident occurred. This does
not mean that the device responsible for the injury cannot
be much older, five, ten or even fifteen years older.
8. Our brand-new power mower backfired and injured me.
From whom may I recover damages?
This is a typical product liability case. You may be able
to prove that the manufacturer of the lawn mower made a
defective product.
9. Can I bring a product liability against a
manufacturer for incorrect product labeling?
Yes. Marketing defects include improper labeling of
products, insufficient instructions, or the failure to
warn consumers of a product's hidden dangers. A negligent
or intentional misrepresentation regarding a product may
also give rise to a product liability claim.
10. Is there a Federal product liability law?
There is no federal product liability law. Typically,
product liability claims are based on state laws, and
brought under the theories of negligence, strict
liability, or breach of warranty. In addition, a set of
commercial statutes in each state, modeled on the Uniform
Commercial Code, will contain warranty rules affecting
product liability.
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