If you are a consumer and have been injured while using a product you purchased in a store, it is most likely not your fault that you sustained injuries. Products are often manufactured and sold with defects or with flaws in their design. These defects can result in serious injury and even death. A person who has been injured using a product may be able to sue the manufacturer, wholesaler, or store for monetary damages. Sometimes the person who sold the defective product can be sued, also. A lawsuit can be brought against any person or company that was involved in producing or distributing the products if evidence proves that it was not:
• Properly designed
• Properly manufactured
• Or if there was not proper warning about the use of the product
So when a producer, wholesaler or store is found to be at fault in a products liability case, a court can order those entities to pay the victim to compensate for injuries caused by the defective product. The court can also order the payment of additional money to punish the responsible parties for the defective product. This type of payment is referred to as "punitive" damages.
How is liability determined?
Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. Many states have enacted comprehensive liability statutes. Experienced product liability attorneys will explain how product liability law works in your state and will also work hard to get you the compensation you so rightly deserve after you have been injured by a defective product.
A large percentage of product liability claims involve defective automobiles with bad brake systems, defective seatbelts, low centers of gravity, and engine problems. However, product liability claims have also been made on other products including toys, power tools, appliances, prescription medications, watercraft, and medical devices.
Virtually any product made in the world can be manufactured with some defect in it. Often, products are recalled by manufacturers when certain defects are suspected, but sometimes those recalls are just not soon enough and people get hurt, or even killed.
While products are generally thought of as tangible personal property, products liability has stretched that definition to include intangibles such as gas, naturals such as pets, real estate, such as a house, and writings such as navigational charts.
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