What is product liability?
Strict product liability, now the law in nearly every state, allows an action against a manufacturer that sells any defective product resulting in injury to a buyer or anyone who uses it. If you are injured by a defective product, you do not need to prove that a manufacturer was negligent, but only that the product was defective. A strict liability action can be brought against the parties that designed, manufactured, sold or furnished the product.
What is a typical product liability case?
Let’s say a brand-new power mower backfired and injured you. You can try to recover damages by proving that the manufacturer of the lawn mower made a defective product. Most courts today hold companies responsible for a defective product strictly liable to consumers and users for injuries caused by the defect. The product may have had a design flaw or a manufacturing defect. Another possibility may be that the producer or assembler failed to provide adequate warning of a risk or hazard or failed to provide adequate directions for a product's use.
What should you do if you are injured by a product?
Keep the evidence. If a heating fixture ruptures and injures someone in your family, keep as may pieces of the equipment as you can find and disturb the site as little as you can. Make note of the name of the manufacturer, model and serial number. Keep any packaging or instructions. Keep any receipts showing when and where the product was purchased. Take pictures of the site and of the injury. Make a record of exactly when the incident occurred and under what circumstances. Be sure you have accurate names and addresses for all doctors and hospitals treating the injured victim.
