Basics of Product Liability for Personal Injury CasesIt's easier to get damages for product liability, mainly because it's often easier to prove than other personal injury lawsuits. But what is the product liability law? What if you are injured? What damages can you get?
What is product liability?
This occurs when a company is held responsible for a defective product. You may have picked it up with no worries, but upon using it suffered an injury. Your child may have been injured upon using a toy, or a cutting device worked improperly and you were hurt.
However, the company who can be sued is not just the manufacturer. The seller who carried the item has liability too. The manufacturer, manufacturer of parts, wholesaler, and the retail store you bought the item from can all be held liable. Because of this, it's easier to get high amounts in damages in many lawsuits.
For our purposes, the product that caused an injury must meet your expectations. If you are surprised by some part of the product, if it does not work as it says and you are hurt, if it causes other damages to you and your family, the liability law comes into effect.
What if you're injured?
If you or a loved one are hurt, you typically are protected by both federal and state laws. State laws can differ. What can happen is you are hurt, there is proof your injury being the result of the product, and you can sue in state courts if not settling beforehand. It used to be there were laws protecting companies, where there had to be some form of agreement between buyer and seller if damages were desired. State laws can differ in this, but in most states today that law is gone. If you buy a product in a store, and are injured by it, you often have a right to damages.
What damages can you get?
State laws for damages are based on negligence, strict liability, and breach of warranty. You're protected by statute laws too. In terms of winning in court, since it can be easier to prove the injury, your chances of winning are high. Clearly, you must have a real case. You also need the help of a personal injury lawyer. But since more parties are involved in this, your possibility for damages can be higher.
Who can help?
You need a personal injury lawyer, namely one experienced in product liability law. If you're unsure if you have a case, a consultation with a lawyer can help. There is no other real option; unless you're a personal injury lawyer, you need to hire one. It can quite often lead to a better settlement. And since most personal injury lawsuits are settled before court, you can get damages much faster.