If a company puts out a product, the product has to be safe. If the product isn’t safe and you sustain injuries from its use, then you can potentially sue the company and recover for any damages you incurred. Read on for the top 10 things to know if a product injures you so you can be prepared in case the worst ever happens and you are hurt by a product.
1) Strict liability sometimes applies: This means that you do not have to prove the manufacturer was negligent in making the product; you just have to prove that you used the product as it was intended to be used and that it injured you.
2) All products should be safe when used as intended- This is a legal concept called the implied warranty of merchantability.
3) Manufacturers must warn of any dangers- Some products are always going to have inherent dangers; for example, electrical items will always be dangerous if dropped in water. As such, when a product contains a danger, the manufacturer of the product should include a warning label to alert people to it. The same is true for drug side effects, which must be printed on the medicine.
4) Product liability applies to many different types of products- Everything from baby strollers to medicine you take to cars you buy is covered under product liability laws.
5) A product liability case is brought under tort law- This means it is a civil suit that you bring and you must prove your case under the common law tort law rules that apply in your state.
6) You can recover actual damages caused- If you had medical bills resulting from your injury, and if you missed work and lost money as a result, then you can sue the manufacturer of the product or the person who sold it to you and get that money back.
7) You may also be able to recover damages if you suffer emotional distress- This is a separate type of damage in addition to actual monetary damages you incurred. It is designed to make sure you are fully compensated for all the injury and trauma you suffered as a result of the injury.
8) Defective drugs are governed under product liability law- That means that either the strict liability or negligence standard applies, depending on where you live, and that- like other products- all drugs are assumed to be safe when used as directed. It also means rules as far as warning of dangers apply to drugs as well.
9) An attorney can help- If you are injured, a personal injury lawyer can explain to you whether strict liability applies, and can help you determine what you need to do to prove your case. Your attorney can also help you to file lawsuits and collect the evidence you need to win a verdict.
10) Many product liability cases are class action cases- This means that often many people who are injured by the same product ban together to sue. Depending on the situation, your recovery from joining such a class action may be relatively small- but you won’t incur any legal bills or fees from doing so.
Article Source: Click Here