Consumer protection laws provide a broad range of remedies for consumers who have been injured as a result of defective or unsafe products. These laws are designed to protect consumers from harm and to ensure that businesses are held responsible for the harm caused by their products.
The first step in proving fault in a product liability case is to identify the defect that caused the injury. The key to this step is to prove that the product was defective at the time it was manufactured, packaged, and sold.
Once the defect is identified, the next step is to prove that the product was defective when it left the control of the manufacturer or seller. This is known as strict liability.
Types of Product Liability Claims
There are three types of product liability claims based on the type of injury suffered by the consumer:
- Statutory: This type of claim is based on state law, such as failure to warn or strict liability.
- Tort: This type of claim is based on a specific tort, such as negligence, failure to warn, or breach of warranty.
- Consumer Protection: This type of claim is based on a statute that promotes consumer protection, such as strict liability or warranty.
Each type of claim has its own set of laws and rules that must be met before the claim can be successful.
Proving Fault in a Product Liability Case
To prove fault in a product liability case, the plaintiff must prove that the product was defective at the time it was manufactured, packed, and sold. If a product is found to be defective at any point after it leaves the control of the manufacturer, then the manufacturer is not at fault for any injuries caused by that product.
Proving Fault In A Civil Litigation
In order to prove fault in a civil litigation, a product liability plaintiff must prove that the manufacturer knew of the defect and failed to warn consumers about it. For example, if a product causes injury because it is defective when it leaves the control of the manufacturer, then that product must be deemed defective at the time it left the control of the manufacturer.
Defining Strict Liability
Strict liability means that if there is a defect in a product, then anyone who buys or uses that product is assumed to have known about it. So, for example, if an automobile manufacturer sells an automobile with a defect that causes an accident, then the buyer and driver are both assumed to have known about the defect and assumed all risk for the consequences of using that vehicle.
Rules Of Strict Liability
There are three basic rules of strict liability:
- The manufacturer must have known about the defect before it was sold.
- The defect must be a “substantial” one. This means that it must cause injury or harm to a substantial number of consumers. In other words, if you buy or use a product with defects that cause only minor harm, then your claim will not be allowed under strict liability.
- The defect must be obvious before it is sold to consumers.
Manufacturer’s Awareness Of The Defect
In order for strict liability to apply, the manufacturer must have known about the defect before it was sold. This means that if you bought your car from your car dealer, then you are not allowed to sue your dealer for selling you a car with defects. Instead, you must sue the manufacturer of that car.
Product Liability Resulting In Personal Injury
If you buy or use a product that causes you injury, then you may be able to sue the manufacturer under strict liability in order to recover compensation for your injuries. The most common examples of personal injury claims based on strict liability are cases involving defective tires or windshields on automobiles.
The Process Of Hiring An Attorney For Your Case
If you are injured as a result of using a defective product, then you may be able to file a personal injury lawsuit. This means that you will need to hire an attorney to help you prove your case and recover compensation for your injuries. There are a number of factors that will help determine whether or not you should hire an attorney, including the severity of your injuries, the amount of money you hope to recover, and whether or not you have any legal representation already.
Proving fault in a product liability case can be a difficult task, but it is essential for success in any lawsuit based on that claim. Defining strict liability, understanding the rules of strict liability, and knowing when to hire an attorney are all important factors in determining whether or not you should file a product liability claim.