What Is a Product Liability Lawsuit?

Should you sustain harm due to utilizing faulty goods, you can file a lawsuit against the product’s maker, supplier, and merchant. A lawsuit alleging product liability is this kind of legal action. A flaw in a product’s design, manufacture, or marketing may cause harm to an individual and give rise to a product liability case.

 Product Liability Lawsuit

Claims pertaining to product responsibility differ from standard personal injury claims. These legal claims are based on the legal requirement that manufacturers and product developers only create goods that are safe for routine consumer use. Companies that design, produce, and market these goods, as well as any defects they include, may be held accountable if these flaws cause injury to customers. They are accountable for their things, even though they had no desire to produce subpar goods or cause injury to anyone.

What Are the Different Types of Defective Products?

Three primary categories of product defects are the subject of product liability lawsuits: design flaws, production or manufacturing faults, and marketing flaws. Any of these flaws has the potential to cause harm to customers, which might lead to cases of product responsibility. Every industry may produce defective goods, including toys, home appliances, and automobiles.

Design Defects

Before producing, testing, marketing, and selling a new product to customers, a person or business must invest a great deal of effort in its design. Sometimes a product has a flaw in its design that makes it unsafe for users from the start. Typical instances of design flaws are appliances with a higher potential for fire and cars with a greater propensity to turn over in an accident.

Manufacturing Defects

A product has a manufacturing flaw if its design is safe but there is an error in the manufacturing or production process that renders the product hazardous. Because of this, a certain kind of product may not always have this kind of flaw. Let’s say, for example, that baby food produced within a particular range of dates is contaminated.

The manufacturer finds the source of the contamination and addresses it. Made before or after the aforementioned range of dates, baby food is probably safe for consumption and uncontaminated.

Marketing Defects

Product flaws can also arise in the labeling, packaging, marketing, and promotion of a product. For example, a blender may have a marketing flaw if the package insert that comes with it does not adequately warn of potential risks that could occur during the anticipated usage of the product by customers. A toy may have a marketing flaw if the packaging doesn’t warn kids about the item’s potential for choking hazards and the object actually causes a child to choke.

What do you have to prove in a product liability lawsuit?

You must demonstrate that the at-fault party was irresponsible in creating the collision in order to prevail in the majority of personal injury cases, including those that arise from vehicle accidents. Negligence is defined as activities that are thoughtless or irresponsible and go beyond the level of caution that a reasonable person would use in the same circumstance.

A verdict of negligence is not necessary for a product liability action to proceed. It is your right as a consumer to anticipate product safety when using items you use on a daily basis. You believe that if you use the product as directed, it won’t hurt you in any way. Strict responsibility is the legal term for this obligation. One organization that assists in keeping an eye out for flaws in consumer goods is the Consumer Product Safety Commission (CPSC), which in some situations has the authority to require businesses to recall hazardous items.

Product designers, producers, and distributors are typically strictly accountable for the items they create and make accessible for consumer use, notwithstanding some defenses available to them in product liability claims. Consequently, those businesses will probably be held legally liable for any harm caused by their faulty products .

Call Our Office for a Free Consultation Today

A consumer product fault that causes harm to its users—whether via design, manufacture, or marketing—gives rise to a product liability case. As soon as feasible, you should seek legal counsel on your circumstances if you or a loved one sustains injuries after utilizing a consumer product. Injury plaintiffs typically have two years from the date of their injuries to launch a product liability claim under 42 Pa. C.S. § 5524. The dismissal of your lawsuit may occur if you miss this deadline.

Reference by


Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top