If there is a product defect and you have been severely injured because of the defect or that product, there is a good chance that you might be going up against one of the biggest companies in the world. Usually, these are companies with vast resources. This aspect indicates that these countries will make sure that their name is not tainted, and they will make sure that they leave no trace for other people to go after them.
What Do You Mean by “Defective Product”
When you are saying that there is a product that is defective – you are basically saying that their whole line of products or that specific product that has been displayed on shelves for years is dangerous to people. This aspect also means that the manufacturers of the product are essentially liable, and they have exposure.
Now, the manufacturers of such products don’t like to hear that they are exposed. The reason is that if they have exposure, they don’t only have exposure to you – but – if words get out, that means that they are going to have exposure to hundreds of thousands of people – depending on what the product is.
Why to Work with An Experienced Lawyer
When you have been damaged by a product, you must have a complete understanding of what actually is happening so that you know what you are doing. On that note, you should hire an experienced attorney, such as Laffey Bucci D’Andrea Reich & Ryan, so you have someone by your side who has dealt with such cases before and understands what they are doing. Also, it is important to mention here that the laws in each state vary greatly.
So, as far as product liability laws are concerned, you must ensure that the right people represent you and help you with this matter, as you cannot do it yourself. It is impossible to deal with a product liability claim on your own.
Of course, you can file the claim, and they might offer you some sort of inconvenience fee so that you remain silent and go away. But – beyond that – nothing will ever happen to where they will ensure that you are taken seriously unless you hire a product liability attorney and file a lawsuit.
The Power of Hiring An Attorney in A Product Liability Case
The reason why you need to hire a lawyer is because that is what will catch their attention at all costs. At the point where you involve a lawyer, it means that you have exposure, and the potential for something getting put and be known and made public is very present.
Understanding the Theory of Product Liability
There are different theories that surround product liability. Let us explore these.
Strict Liability
There is a strict liability theory that holds sellers, distributors, and manufacturers responsible for the harm that was caused by placing a defective product in the shop, mall, or any other chain of commerce. It is important to mention here that in a product liability case, any party that is in connection with that particular chain of commerce can be held responsible.
In simple words, any party that has any role in placing the defective product inside the chain of commerce can be held responsible, and they can face serious consequences. These contributing parties can be the product manufacturers, sellers, and distributors of the defective products. Moreover, retailers can be held responsible as well.
Now, the underlying reason why the “strict liability” theory is incredibly powerful is because it doesn’t really matter whether there was an excuse or justification. Strict liability is exactly what it sounds like, which is strict liability, where the other party is held responsible if it is proven that they, as a matter of fact, placed a defective product in the chain of commerce.
What to Prove in Strict Liability
When it comes to strict reliability, in some cases, a product manufacturer can be held responsible for injuries instigated by their product – even if they are not negligent. Now, the question is how can you prove strict liability. To prove strict liability, you, with the help of a product liability attorney, must prove that the product had a defect and caused your injury. You must also prove that the product is in the manufacturer’s stream of commerce. In this case, the manufacturer of the product will be the defendant.
What is Stream of Commerce
If you don’t know what stream of commerce is about, you should know that the stream of commerce refers to the process of getting a product from the manufacturer to the consumer. On that note, if the product was sold or distributed by the defendant, it is likely to fall under the category of stream of commerce.
Theory of Negligence
Of course, there are other theories of liability as well, such as negligence. You might have heard about negligence before, which is another theory of legal liability that you can also allege. Similarly, there is a theory of fraud that also comes into play in product liability cases, such as fraudulent or fake advertising. Fake advertising is also referred to as misrepresentation of a product, which makes a case for product liability.
Breach of Warranty
Regarding product liability claims, there are also breach of warranty claims, such as breach of implied warranties and breach of any express warranties that were made. Nonetheless, when it comes to breach of implied warranties, these breaches include the warranty of merchantability and the warranty that whatever you put into commerce will be safe and that it is made for its intended purpose.
Why Discuss the Case with A Lawyer First?
When it comes to product liability claims, you are essentially spending a lot of money battling the big companies that are the manufacturers to get to a point where you can even discuss any sort of settlement negotiation. Now, when it comes to this point, it usually means that your injuries are so significant that it is worth the lawyer investing usually five to six figures in just investigating and fighting the case.
So, before you file a claim, it is in your best interest to discuss the matter with a product liability lawyer, as it could also be a case of contributory negligence. When it comes to product liability, you really have to prove that it was the product manufacturer and the design of the product that was unsafe, and anyone using that product in the way that it should have been used was in danger.
