What is Products Liability?
There are many ways in which a person can be injured. Our injury lawyers talk to many clients who knew to call an attorney after an auto accident or workplace injury. But did you know that you also have the legal right to be compensated for injuries caused by defective products? Every year, thousands of Americans are injured by defects in design or manufacturing that make products unsafe for use. Sometimes these injuries are life-threatening or even fatal. It is important for all injury victims to consult with a lawyer about their legal rights.
So what is products liability, and how does it work? Consumers are protected in the United States by laws that impose “strict liability” on manufacturers of consumer goods. This means that an injury victim does not have to prove that the manufacturer was negligent. Instead, the injury victim need only prove that the product caused an injury while it was being used as intended. This makes it easier to prove a products liability claim than other types of liability claims (such as a car accident injury case).
Examples of Products Liability Cases
There are many different types of products liability cases. Some involve minor injuries, like a burn or a cut. Even if your injuries are not life-threatening, you are still entitled to compensation for them. Some products involve far more dangerous products that cause life-threatening injuries. Vehicles are a common source of products liability claims. If a car malfunctions while it is being driven, it can cause the deaths of many people. This is why auto manufacturers issue so many recalls. It is often less expensive to pay for a costly recall of many vehicles than to pay even a few wrongful death claims. Safety equipment is another common source of products liability claims. Because these products are designed for the specific purpose of preventing injuries and death, any small defect can lead to serious losses.
Often, many different consumers suffer the same type of injuries from the same defective product. In this case, the injury victims can work together in a class-action lawsuit. This makes it easier for the court to hear all the cases at once instead of working through each case one at a time. You have probably seen advertisements for those who have been injured by medications, or pesticides, or medical equipment, or other products used by a large number of people. These are products liability cases that are being consolidated into a class action lawsuit.
Other Claims That Can Arise With a Products Liability Case
Many injury cases result in multiple legal claims. It is important to hire an attorney to be sure that you are not missing out on any potential claims against any potential defendants. This is the only way to ensure that you do not miss out on compensation to which you are entitled. A common example is workplace injuries. If, for example, you were injured while working on a construction site because your hard hat was defective, you would be entitled to workers’ compensation. But you might also have a claim against the manufacturer of the defective hard hat.
There can be even more than two claims involved at once, and this is where things get really complicated. Imagine that you are on the job in a work vehicle when you are struck by a car with defective brakes – whose driver also happens to be drunk. You would be entitled to workers’ compensation coverage, and you would also have a personal injury claim against the drunk driver. The workers’ compensation carrier would be obligated to pay for your medical bills, regardless of who was at fault. But the auto insurance company might pursue a products liability claim against the manufacturer. This would allow them to prove that it was the defective vehicle – and not their driver’s intoxication – that ultimately caused the accident. There would be a lengthy investigation. Attorneys for the workers’ compensation carrier, auto insurance carrier, and auto manufacturer could all become involved in lengthy litigation. If you did not have your own injury lawyer, your right to compensation could get lost in this complicated legal maneuvering. This is why it is so important to hire your own injury lawyer as soon as possible.
Call Us Today to Speak with a Redding Products Liability Attorney
The experienced accident attorneys at Maire and Deedon are here to help with any products liability case. We have experience handling auto accidents, workplace accidents, negligence claims, and other cases involving products liability claims. Call (530) 246-6050 today to schedule your consultation. The sooner you have an experienced attorney on your side, the better protected your legal rights will be.