There are many types of personal injury cases. Personal injury lawsuits are most commonly brought about by car or motorcycle accidents, slip-and-fall accidents, and medical malpractice.
Personal injury is a type of claim that covers the injuries sustained by an individual, not property damage. These injuries may be both physical and psychological. Most personal injuries claims stem from the negligence of the defendant that caused the plaintiff’s injury. A plaintiff can argue that the defendant failed to exercise the same level of reasonable care as others in similar situations.
You can prove negligence in a personal injuries claim and you will be awarded damages. This is compensation for your injuries as well as any other costs related to the accident.
These damages could include medical expenses, loss of wages coverage, or money for emotional distress, pain, and suffering.
Although we often associate personal injury with car accidents, and other similar incidents, we sometimes also discuss product liability claims. There are some similarities, but also some differences between product liability and personal injury.
Both types of cases aim to provide protection for people who are injured and to ensure that they receive compensation.
If a defect in a product causes injury, you may be eligible for compensation.
Here are some important facts about product liability claims.
1. The basics
Product liability claims are those that stem from injuries caused by defective products. These types of claims are typically brought under what is known as a theory or strict liability. Depending on where the claim was filed, it may also be possible to use a theory or negligence.
While strict liability doesn’t require the defendant to demonstrate carelessness, negligence is required.
No matter what the claim is based on, the consumer will usually have to prove one or more of the following three types of defects.
Also, the consumer must prove that the defect caused their injury.
2. Manufacturing Defects
A manufacturing defect is the simplest type defect in a product liability case.
Manufacturing defects are when there is a defect in the manufacturing process of an item.
For example, a manufacturing error could have made the product different from others in the same series. A manufacturing error could have caused a malfunction in the brakes.
3. Design Defects
Sometimes, a product line can be dangerous because of a single problem.
These cases showed that no one made any deviation from the intended design or made mistakes in manufacturing. Responsible may be the people who created the product plans or specifications.
A medical device could break inside patients’ bodies and cause injuries.
To establish design defects, there are various legal tests that must be performed. These vary from one state to the next. You will need to consult an expert if you are a victim of a design defect. An expert may be able to demonstrate that a safer alternative to the defective product could have been found.
4. Marketing Failures
Failures to warn are also known as product liability claims. If a manufacturer fails to provide adequate instructions or warns consumers about the risks of using a product, it could be called a failure to warn.
Manufacturers are not responsible if they fail to warn of an obvious danger, such as the possibility that you could fall off a ladder.
These types of claims are most common in the pharmaceutical industry. Manufacturers may not list all side effects associated with a medicine.
5. Claim Making
Personal injury law is complicated.
Consumers will often join in multidistrict litigation, or class actions, if they have suffered similar harm from the product. Their claims are being brought on the basis of parallel legal theories.
Anybody in the distribution chain can be a defendant in a product liability lawsuit.
Consumers can sue both the manufacturer and the manufacturer of the product if they discover a defect in a component.
An attorney will know how to identify the right defendants, and then bring them to justice.
6. Evidence of Liability
Unique legal theory underpinning product liability cases is
As mentioned above, the plaintiff doesn’t need to prove negligence in most cases.
If strict liability theory is applied, liability stems from the product’s defect causing injuries or damages.
It doesn’t matter whether the defendant was negligent or reckless. Therefore, strict liability is more difficult to prove than negligence.
The consumer must prove that they used the product as intended.
Similar to other personal injury cases, if you win product liability claims, you might be entitled to compensation from the liable parties.
Compensatory damages can be used to compensate for your injuries and any costs that you have had to pay, such as lost income or medical expenses.
These damages are also available to cover the victim’s suffering and pain.
A manufacturer might be eligible to receive punitive damages if they are found guilty of a particularly inhumane act. Punitive damages don’t compensate the victim. They are to punish the manufacturer and discourage similar actions in the future.
Last note: There is a statute that limits your rights to damages. You must file within the deadline. This varies from one state to the next, but it is usually within two to four year.