Product Liability: Frequently Asked Questions
What is product liability law?
Product liability lawsuits usually involve claims that some product is unreasonably dangerous, either in the product's design, manufacture, or in its lack of a proper warning or instructions regarding its use.
What percentage of lawsuits involve product liability?
Of all the civil cases filed each year, only approximately 4% deal with product liability issues.
Why then have I heard so much about "tort reform" lately?
While at first glance tort reform seems like a good concept, in reality it is nothing more than corporate America's attempt to limit irresponsible manufacturers' liability for producing dangerous products. Until such manufacturers put safety first, they should not be rewarded with generous tort reform protection.
In this day and age of computerized design and sophisticated manufacturing techniques, why do producers continue to develop and sell faulty and dangerous products?
While most manufacturers take pride in creating useful and safe products for public consumption, some only concern themselves with the bottom line, i.e., profit. Unfortunately, some manufacturers have determined that it makes more financial sense to design and build defective and dangerous products than is does to produce safe ones. It is this type of "cost - benefit" corporate mentality that product liability cases often deal with.
Do product liability lawsuits really result in better and safer products?
Yes. A recent study found manufacturers that had been defendants in product liability lawsuits improved the safety of their products over 80% of the time.
What types of products can be the subject of a product liability lawsuit?
Just about any dangerous or defective products from automobiles to children's toys to prescription drugs (and many in-between) can be the subject of a product liability lawsuit. The manufacturer and other related entities owe the user of a product a duty to create only safe products, i.e., not ones that are unreasonably dangerous. If the manufacturer or related entity breaches that duty to provide you with a safe product, and that product injures you, causing you damage, you may have a legitimate legal case based on product liability law.
How do I know if I have a products liability case?
The only surefire way to find out is to contact an attorney. While the general "duty - breach - causation - damages" principle outlined above is accurate, there are many subtle nuances and technical rules that may apply to your unique set of facts. In addition, there are likely time limits imposed by your state's statute of limitations in which you must file your lawsuit or be forever barred from doing so. If you have a question about your ability to file suit, contact an attorney.
How much does an attorney evaluation cost in these types of cases?
Nothing! Attorneys associated with InjuryBoard.com will evaluate your case free of charge. If a participating attorney agrees to handle your case, you will owe no fees or other costs unless that attorney recovers money for you.
How do I submit my case for a free evaluation?
Simply click on the free Ask an Attorney button and complete the online intake form. An attorney will evaluate your case and respond to you via email.
-- Article Courtesy of InjuryBoard.com
More ...
- Company Urges Consumers to Return 'Home and Roam' and 'Baby Express' Products
- California Family Settles Product Liability Lawsuit for $4.1 Million
- Dynacraft Mountain Bikes Lawsuit Overview
.