If a defective product has injured you, you may be wondering when you can file for a product liability claim. The answer to this question may depend on the state in which you reside. In general, however, three factors are considered when determining when you can file a product liability claim: the type of injury sustained, the date of the injury, and whether or not the product has been recalled. Let’s take a closer look at each of these factors.
What Are The Three Reasons For A Product Liability Claim?
A product liability claim is a civil action brought against a manufacturer or seller of a defective product that caused the injury. Three types of defects can give rise to a product liability claim: design defects, manufacturing defects, and marketing defects.
- Design Defects
Design defects occur when there is something wrong with the product’s design that makes it unsafe for its intended use. An example of a design defect would be if a car company designed prone-to rollovers.
- Manufacturing Defects
A manufacturing defect occurs when there is something wrong with the way the product was made, even though the product’s design may be safe. An example of a manufacturing defect would be a mistake in the assembly line, and a car was built with a faulty steering wheel.
- Marketing Defects
Marketing defects occur when something is wrong with the way the product was marketed, even though the design and manufacturing of the product may be safe. An example of a marketing defect would be if a company advertised a car as safe for use in off-road conditions when it was not designed for that purpose.
If a defective product has injured you, you may be able to file a product liability claim against the manufacturer or seller of the product. A New Jersey Personal Injury Lawyer can assist you with your claim. If you are successful in your claim, you may be entitled to compensation for your injuries.
Elements Needed To Prove Product Liability
To prove that a manufacturer or seller is liable for your injuries, you will need to show that:
- The product was defective;
- The defect was the cause of your injuries; and
- You were using the product in the way it was intended to be used.
If a defective product has injured you, you should contact an experienced lawyer to discuss your claim. An experienced attorney will be able to evaluate the facts of your case and determine if you have a valid lawsuit. If you have a valid claim, the attorney will fight for your rights and help you get the compensation you deserve.
Although this type of claim can be complex, with the help of an experienced lawyer, you can successfully file a product liability claim and get the compensation you deserve.
Common Types Of Product Liabilities
There are several different types of product liabilities, but some of the most common include:
- Defective products;
- Design defects;
- Manufacturing defects;
- Marketing defects; and
- Failure to warn.
A product liability claim can be brought against any type of defective product, including but not limited to:
- Child safety seats;
- Seat belts; and
Doctrines that product liability plaintiffs may use to establish a prima facie case include:
- Strict liability
You may file a product liability claim against a manufacturer or seller if the product was defective and caused your injuries, even if the manufacturer or seller was not negligent. To prove that the product was defective, you will need to show that the product did not meet the consumer’s ordinary expectations.
Negligence considers the actions (or inactions) of the manufacturer or seller and whether they met the standard of care required by law. To prove negligence, you will need to show that the manufacturer or seller acted negligently and that their negligence was a cause of your injuries.
- Breach of warranty
A warranty is a promise made by the manufacturer or seller about the quality of the product. There are two types of warranties:
- Express warranties – These are specific promises made by the manufacturer or seller about the quality of the product. An example of an express warranty would be if a company promised that their car was safe to drive in off-road conditions.
- Implied warranties – These are implied promises made by the manufacturer or seller about the quality of the product. An example of an implied warranty would be if a company promised that their car was roadworthy.
As a consumer, it is essential to be aware of your rights when injured by a defective product. If you have been injured, contact an experienced personal injury lawyer to discuss your case. With the help of an attorney, you may be able to file a successful product liability claim and get the compensation you deserve.