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How Product Liability Claims are Processed

How Product Liability Claims are Processed

Posted By The Dunnion Law Firm || 21-Jun-2017

Product liability claims can take many different shapes and approaches, depending on the nature of the product and the type of injury suffered by the user. They all, however, revolve around the idea that you were using a product as intended and through no fault of your own, something happened that caused you to suffer a serious consequence.

This can be anything from medications without side effect warnings to using electronics that overheat and explode in your hand. Explore the range of legal theories that can come into play when processing a liability claim, and how an injury lawyer knows the best road to take.

Approaches to Product Liability

There are basically four different ways you can approach product liability claims. The most common of these is the strict liability approach, which allows the most direct line of proof and a solid range of damages. Other potential theories in product liability include negligence, breach of warranty and fraud.

Strict Product Liability Claims

Strict product liability basically means that the manufacturer created a product that they knew to be defective and allowed it to come to market with no intention of repairing or addressing the defect. It was, in turn, this defect that caused you to get hurt when the product failed. This particular approach doesn’t require proving negligence on the part of the manufacturer; it simply holds them responsible for basic defects.

Negligence

Negligence is the key factor in most injury cases but isn’t often used in product liability. It means that someone acted in a fashion that was not only irresponsible but counter to their basic duty to keep other people around them safe and that their irresponsible actions caused someone to get hurt. It’s not generally used in product liability because these cases usually focus on the nature of the product itself rather than the intent or actions of the manufacturer.

Breach of Warranty

Breach of warranty claims can be a bit tricky to pursue. The first thing you’ll need to do is demonstrate that there was, in fact, a warranty to be breached. This warranty need not be explicit; it can be implied. The key is there’s some guarantee about the use and function of the product that you can be reasonably assumed to trust, and that guarantee was violated.

Fraud

Fraud cases are those where the manufacturer or seller deliberately misrepresents the product so as to get you to buy it. You rely on this misrepresentation and use the product as recommended, and it fails. You get hurt as a result. The misrepresentation of the product is fraud, and not only does it allow you to sue for damages, it is a crime. This can also open the door to punitive damages over and above those normally available.

Calling an Injury Lawyer

In product liability cases you’re up against corporations and powerful insurance companies who will go to great distances to avoid settling your case. To have the best shot at getting the maximum possible compensation, you should work with an experienced injury lawyer. At Dunnion Law, we bring decades of combined experience to the table in these cases and are ready to help you. If you need help with a central California product liability case, call us for a consult today.