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 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
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.