Product liability is an important area of personal injury law that serves to compensate and protect consumers from dangerous or defective products. When a consumer purchases a product, there is an inherent assumption that the product will not be defective or cause harm to those who use it. As comforting as this assumption may be for consumers, the Consumer Product Safety Commission (CPSC) reports that despite as many as 400 product recalls of consumer products annually, there are almost 30 million people who are injured and another 29,000 who die each year because of a defective consumer product. Our Lovejoy product liability attorneys at Montlick and Associates have been seeking compensation for those injured by faulty products and holding those that manufacture and distribute such products accountable since our firm was founded in 1984.
Legal Theories in Lovejoy Product Liability Cases
Product liability is the area of personal injury law created to provide compensation for injuries caused by unsafe or defective products. If a consumer suffers physical or emotional harm from a product that is unsafe or defective, any entity that contributed to making or distributing that product may be liable, including the designers, manufacturers, distributors, retailers, and others. There are three separate legal theories upon which liability may be based in product liability cases: (1) negligence, (2) strict liability, and (3) breach of warranty.
- Negligence: In a product liability claim, the failure of any business in the production-distribution chain to take reasonable care may be held liable if this lack of care causes injury to a consumer of the product. The process of proving negligence in the context of a product liability case can be complicated since it may be difficult to establish how and when the defect was created. This is particularly true when several businesses contributed to the production of the product or its component parts.
- Strict Liability: Under a strict liability standard, a personal injury victim can prevail without proving negligence. If the product causes you harm or is unsafe, you may be entitled to compensation even when the distributer or manufacturer of the product is not shown to have acted negligently. The factual basis for proving strict liability includes:
- The product is actually defective.
- The defect existed when the product left the control of the business.
- The consumer’s injuries were caused by the defective product.
- Breach of Implied or Express Warranties: Virtually all products that you purchase come with some form of warranty. If this warranty is provided in writing on the packaging or the paperwork inside the packaging of the product, it is referred to as an express warranty. By contrast, implied warranties are created by operation of law. When a product does not perform as promised by a warranty, breach of warranty may serve as a basis for liability. However, many products carry disclaimers of warranties to prevent such claims.
Types of Product Defects in Lovejoy Defective Product Actions
There are a number of types of defects that may cause a product to malfunction or perform unsafely. These defects are prone to occur at different stages of the production process.
- Manufacturing Defects: Any defects in a product that result from problems in the manufacturing process fall under this category of product defect. The product in this situation will deviate from the specifications and/or blueprints.
- Design Defects: A product may match the manufacturer specifications precisely but have inherent dangers that are innate to the design of the product.
- Failure to Warn: Some products, like pharmaceuticals, may have known side effects or other potential dangers that could cause injury. Product manufacturers are expected to provide adequate warnings and instructions to consumers to prevent injury caused by potential hazards associated with the product. These warnings may be expected to extend to foreseeable misuse of the product.
Our experienced Lovejoy product liability attorneys understand the evidentiary and procedural challenges involved in complex product liability cases against mega-corporations. We have the expertise and resources to handle many types of product liability claims including:
- Motor vehicle defects
- Hazardous substances
- Household goods and electronics
- Toys and other children’s products
- Defective medical appliances
Lovejoy Product Liability Lawyers Prepared to Challenge Irresponsible Businesses
Our many years of legal expertise have provided the basis for successful result in a wide range of defective product cases. If you are injured by a product, we advise you to keep all the parts of the defective product. If you or someone you love has suffered a serious personal injury or a loved one has died, our experienced Lovejoy product liability lawyers are committed to representing personal injury and wrongful death victims in obtaining compensation to rebuild their lives and support their families. Call now for your FREE CONSULTATION with Montlick and Associates' experienced Lovejoy product liability attorneys. Our attorneys are available to help you and may even visit you if needed. You can call us anytime 24/7 at 1-800-LAW-NEED (1-800-529-6333) for your FREE CONSULTATION. Alternatively, you can visit our website at www.montlick.com to make use of our FREE CASE EVALUATION FORM or 24-hour live online chat service.