• Bloomington and Central IL personal injury: What is product liability?

    May 29, 2019
  • Here’s what you should know about product liability:

    When it comes to legal jargon, common people can’t possibly be expected to know what those terms mean and how they apply to their life. While common terms such as workers’ comp and personal injury may sound familiar, something like product liability is a little more unknown to the general population. However, this is an area of law that affects basically everyone in the United States and most people throughout the world. If you use manufactured products, you’re at risk of product liability. However, before you should go running to a lawyer, make sure you read below about product liability, what it is and how it applies to you!

    defective product liability

    What is product liability?

    The term product liability refers to the laws or area of the law that governs who is responsible when someone is injured due to a defective or dangerous product. Product liability laws determine who is at fault for those injuries and how much compensation the victim is entitled to. However, there are no federal product liability laws, and these cases are typically based on state laws. Essentially, any product must meet the ordinary expectations, which is not done when said product is dangerous or defective, or both.

    product liability injury claim

    Who are the responsible parties?

    The responsibility of the defect could lie with any and all persons that are part of the chain of distribution. Additionally, the injured person typically does not have to be the purchaser of the product in order to bring suit. Furthermore, the responsible parties may be any or all of the parts of the supply chain listed below:

    • The manufacturer of the product
    • The manufacturer of components or parts of that product
    • The part that assembled or installed the product
    • The wholesaler that distributed the product
    • The retail establishment that sold the product

    design defect causing product liability claim

    What types of defects are compensated?

    • Design Defects – These are defects that are present from the beginning before it’s manufactured. There’s something inherently wrong and flawed in the design of the product.
    • Manufacturing Defects – This means that something went wrong or somebody was negligent during the manufacturing of the product.
    • Marketing Defects – This means that the product was marketed and advertised in incorrect or unsafe ways.

    inherently dangerous product warning labels and product liability

    What about products that are inherently unsafe?

    Some products are inherently dangerous such as electric carving knives. In cases such as these, manufacturers are required to utilize the proper labeling and warnings on the packaging and the product itself. Without this, they may be open to a product liability suit.

    product liability and personal injury representation

    What can I do If I’ve been injured?

    If you’ve been injured due to a dangerous or defective product, you need the help of a qualified personal injury attorney that can evaluate your case, provide honest legal advice and fight for your rights against the people that hurt you!