Wrongful Death
Personal Injury - What Should You Know About Product Liability Claim
Product liability is a kind of personal injury caused by the use of a hazardous or defective product. In such cases, it is possible for the victim or the victim's family to claim compensation under product liability claims. Product liability is often comes under tort law and contract law.
Product liability law is there to protect the consumers who wind up using the dangerous and defective products and suffer injury as a result of it. It not only protects the consumers but also holds manufacturers, retailers and distributors responsible who put these hazardous and defective products into market. Liability of the parties involved may vary in different jurisdictions.
Product liability claims can be brought under a number of different theories. Some of the important facts about product liability claims are as follow:
Negligence: In this type of case, the plaintiff must demonstrate that other parties, who were responsible for making the product or distributing it, have the duty to deliver a fit product that is not unsafe in use. Secondly, The Plaintiff also has to prove that the opposite parties have to take reasonable care in the designing, manufacturing and inspection phases and hazardous and defected products can easily be identified if they exercise this practice. Plaintiff finally needs to show that they failed to meet their obligation and plaintiff got hurt by using the defected or hazardous product.
Design Defects: This is a sort of liability in which design of the product makes the product hazardous, defective or faulty and sufferer gets hurt as a result of using it.
Manufacturing Defects: In this kind of liability, the product becomes defective, dangerous due to manufacturing fault.
Marketing Defects: This is a kind of liability in which sufferer gets hurt or injured because there were no adequate warning labels or instructions for the users.
Normally, in all the provinces, there are laws that allow people injured by defective, hazardous or faulty products to get the compensation for their injuries. That includes defects of the product that can be obvious or not-obvious. Injured or sufferer can received the compensation for the damages that could include doctor fees, medical and therapy expenses, lost wages, out of pocket expenditures, punitive damages, permanent suffering and consortium for a spouse.
A defective and dangerous product could also result in death. Death in this case will be considered as wrongful death. If the consumer or user dies due to failure or malfunctions of the product, the survivor of the sufferer can file a suit for wrongful death caused by defective, hazardous or faulty product. Additionally, the manufacturer will also be liable under product liability laws. The survivors of sufferer who file a suit for lawful death can also get the compensation for doctor fees, hospital and medical costs, loss of wages or past as well as future, loss of life’s enjoyment, pain and suffering, and a loss of consortium claim for a spouse.
