subject: Product Liability Law: Pursuing A Defective Product Claim [print this page] A product liability lawsuit occurs when a person is injured due to an unsafe or defective product. A product liability lawsuit can be very complex. It is important to seek advice from an attorney experienced in product liability lawsuits. Product liability lawsuits can be filed for many types of defective products such as auto parts, medical devices, drugs, toys, and construction equipment. Here are some frequently asked questions regarding product liability lawsuits.
Who is held accountable in product liability lawsuits?
When a person has a product liability lawsuit their attorney will determine who could be accountable for the defective product. Depending on the type of product that is defective a products liability lawsuit can include the product designer, manufacturer, as well as the distributor of the product.
Can a product liability lawsuit still be filed if the product was being used incorrectly?
In some circumstances a product liability lawsuit can still be filed even if the product was used improperly. If the product was being used in a way that should have been foreseen by the designer, manufacturer or distributor and an injury resulted a lawsuit could still be filed. However, a judge or jury may still hold the injured person accountable for their actions and the improper usage of the product resulting in a verdict that is less desirable.
What compensation can be awarded in a product liability lawsuit?
Each product liability lawsuit will vary in the compensation it is seeking. However, when a person is injured by a defective product they may be able to seek compensation for medical expenses, lost wages, pain and suffering, and in some cases future medical expenses that may be required due to the injury. To be successful in being awarded compensation, an injured person must prove that the product designer, manufacturer, and/or distributor were negligent.
