Every year, thousands of consumers sustain serious injuries from dangerous and defective products. Many of these injuries could be avoided if the manufacturers or distributors of these products took additional steps to ensure consumer safety. The main incentive to increase product safety is to avoid potential liability in product liability lawsuits, which provide compensation for the personal injuries sustained from the use of a defective product. If you have suffered injuries due to a defective product you may be able to file a claim against the manufacturer to recover damages. You do not necessarily have to prove that the manufacturer was negligent.
Product liability claims, often called strict product liability can be established if you are able to prove three things.
- The product was defective
- The defect existed prior to the manufacturer releasing the product
- The defect caused your damages
Manufacturers and their marketers must label the product in such a way as to warn of all dangers associated with its’ use. They must specifically state how that product should be used and warn you of the hazards.
The damages the consumer is entitled to receive in a dangerous or defective product case include compensation for:
- Medical expenses
- Lost wages
- Loss of physical capacity
- Pain, suffering, and mental anguish
- Punitive damages
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