subject: Wrongful Death Due to Defective Products [print this page] Wrongful Death Due to Defective Products Wrongful Death Due to Defective Products
It seems as though every week some product or drug is being recalled from the market due to a defect that is causing serious personal injury or death to consumers. If you have lost a loved one due to a product defect such as a faulty tires or drugs with serious side effects, then you may very well have a valid legal claim and should contact a wrongful death attorney as soon as possible. There are statutes of limitation on these types of cases, and if you wait too long to seek legal assistance, you may miss the deadline to file.
What makes wrongful death cases due to defective products [link to Wrongful Death Due to Defective Products page] so disturbing is that had proper care been taken, many injuries and deaths could have been avoided. Oftentimes, large companies will take shortcuts to receive approval of their product, and in the most egregious of cases, manufacturers will actually know about product defects, yet market the product anyway.
When a product contributes to or causes someone's death, one or more parties in the production and sale of the product may be sued for wrongful death by the surviving family members. Damages that you can gain compensation for typically include loss of earnings, medical expenses, funeral expenses, loss of companionship and moral support, and possibly punitive damages.
Defective product cases fall under the category of personal injury law known as product liability law. Product liability law holds manufacturers and designers responsible for products that are either defective or inherently dangerous when used as intended. These laws extend to wholesalers and retailers to ensure they keep unsafe products off the shelves. If one of your loved ones was killed by a defective product, you may be able to file a lawsuit citing negligence, strict liability and/or breach of warranty, all of which are part of product liability law. There are basically three types of defects in product liability claims:
Design defects- a flaw exists in the original design
Manufacturing defects-defect occurred during manufacturing but design was not flawed
Marketing defects-the packaging materials, instructions, and other promotional mechanisms were incorrect, or they failed to warn the consumer of potential and hidden dangers
