Product Liability Lawsuits From Consumer Products
Sometimes, an injury you are afflicted with results from a product you purchased in good faith, believing that the product will function as advertised. If the product malfunctions and you or your child is hurt as a result, you have a legal right to compensation. You can sue for your pain and suffering and for any money or income you may have lost as a result of your injury, just like other personal injury cases.
Product Lawsuits Are Usually Liability-Based
The basis for most consumer product lawsuits is the idea that if a product is defective, it is the manufacturer’s responsibility to prevent it from being sold. If the product has already hit stores, the manufacturer is obligated to issue a recall and alert customers of the risks of the product. If the manufacturer neglects to do these things, they are liable for damages. Liability is different from negligence. Being negligent indicates that the manufacture made an error when creating the product. The lawsuit can charge the manufacturer for both liability and negligence, if appropriate.
You Can Join in a Lawsuit with Others
If a product is defective and dangerous, chances are that you are not the only consumer that has been affected by it. You and the other afflicted individuals can join in a lawsuit called a mass tort. You can file the legal action together and share evidence against the same manufacturer for the same issue. Each consumer is entitled to their own individual judgment, settlement, or award.
Products Can Be Defective for Different Reasons
Like all lawsuits, you need grounds to file if you’ve been hurt by a product. Then, you must prove these grounds in court. With product liability, you must convince the court that the manufacturer did not create the product according to the plan or design or that something was wrong with the initial plan or design. You also have the power to file a lawsuit if you believe the product in question would not have injured you if it had included better directions or warnings.
Product Lawsuits Require Legal Help
Personal injury lawsuits for defective consumer products can be uphill battles. The manufacturer typically has the resources at its disposal to hire top-notch lawyers to defend them. As the plaintiff, you have the burden of proof to convince the court that not only was the product defective and dangerous, but also that the defect caused your injury. Lawsuits like these are usually best fought with the help of a qualified personal injury attorney. At Kamper Estrada, LLP, our team of lawyers has years of experience dealing with personal injury cases. If you or a loved one has been injured, contact us today to set up a free consultation. We will fight to ensure you get every penny you deserve!