What is Product Liability?

It's the responsibility of all manufacturers, suppliers, distributors, and retailers to ensure that the products they make available for sale to the public are safe. Product liability is the area of law that holds these entities responsible for any injuries their products may cause. When a product causes harm, the individuals involved may be able to seek compensation in what is known as a product liability suit. Product liability suits can help compensate when products cause illness, injury, or even death.

Causes of Product Liability

Bringing a product liability suit may be appropriate in accordance with the following situations:

- Any time a product has a manufacturing defect which causes an injury, illness, or death to a consumer.
- If a product has a design flaw or is incorrectly designed thereby causing injury, illness, or death to a consumer.
- In the instance that the manufacturer, distributor, supplier, or retailer fail to warn a consumer about any potential hazards which may be associated with their product.

Selecting an Attorney

Product liability laws are generally determined at the state level and can therefore vary widely from state to state. Different types of product liability claims require specific elements to ultimately prove their cases, so it is important that anyone who suspects that a product has caused injury, illness, or death contact an experienced attorney as soon as possible.

Often times, product liability suits are judged primarily on liability without taking negligence into account. What this means is that individuals can be awarded damages even if the exact design flaw or manufacturing defect cannot be pinpointed. Since the product injured someone or caused a death, it is generally enough for the courts to award damages to those affected.

Effects of Product Liability

The effects of product liability can be far reaching and range in severity from minor to long-term and devastating. Not only are there physical and mental issues resulting from injuries sustained due to a product's defects, but there are also considerable financial ramifications as well. It is especially difficult for an injured party to successfully traverse the difficult and complicated issues regarding insurance and other financial concerns, while simultaneously trying to deal with the immediate physical and emotional consequences of their product related injury. Product liability victims are entitled to be compensated for all of their medical costs including emergency care, medical treatments, medicines, and therapies resulting from the product related injury. Proper representation by an experienced attorney can ensure that victims don't find themselves contending with insurance companies over necessary medical care and juggling large medical bills.

What to Do Following a Product-Related Injury

It is imperative that the injured or ill individual(s) seek medical attention immediately following any product related injury. Not only will it help to mitigate your damages, possibly reducing the overall effects of the injury, but medical records obtained immediately following the injury will be important evidence. Additionally, it is important to hold onto the product what caused the illness or injury instead of disposing of it. The product itself will also serve as valuable evidence in the case of a product liability suit.

Responsibility of the Attorney

As soon as the person who has become ill or injured is able to, they should seek the advice of a product liability attorney. Or better yet, they could have a loved one such as a spouse or child contact an attorney right away. Since product liability laws vary widely from state to state, including applicable statutes of limitations, it is vital for an attorney to go over case details as soon as possible. Equally important, is that the injured party does not sign any papers received from an insurance company without having an attorney review them first. Only an experienced attorney can ensure that the victim or their survivor are not waiving his or her rights or consenting to a settlement amount which is not sufficient to cover all of his or her future care.

FREE CASE EVALUATION

Free Case Evaluation

Fill out this form for a free, immediate case evaluation or call us now

Settlements & Verdicts

We prepare every case for trial. Our results speak loudly of the
successes we have achieved
for our clients.

Click Here »

Awards and Praise


The Newsome Law Firm has been peer reviewed by other lawyers.
Click Here »

No Fee Guarantee

It is our guarantee that you will pay no costs unless
we win your
case.
Click Here »

Recent Case Results

  • $6.1 Million Defective Tire Accident
  • $5 Million Defective Tire Accident
  • $3.1 Million Defective Product
  • $1.25 Million Defective Product