Personal injury sometimes results from a product you purchase in good faith, believing that it will work the way the manufacturer says it will. If it malfunctions and you or your child is hurt as a result, you have a legal right to compensation, both for your pain and suffering and for any money or income you lost as a result of your injury.
Product Lawsuits Are Usually Liability-Based
Consumer product lawsuits are usually based on the idea that if something is wrong with a product, the manufacturer is responsible for preventing it from being distributed for sale. If the product has already reached the marketplace, the manufacturer has an obligation to issue a recall and alert consumers that it's dangerous. If the manufacturer did neither of these things, it's liable for damages. Liability is different from negligence. Negligence indicates that the manufacturer was slipshod or otherwise made an error when creating the product. Your lawsuit can charge both liability and negligence, if appropriate.
You Can Join in a Lawsuit with Others
If a product is defective and caused you injury as a result, it's likely that the product hurt other consumers of the product as well. You can join with them in a lawsuit called a mass tort. You can file the legal action together and share your evidence, going against the same manufacturer. Each consumer is entitled to his or her own judgment, settlement, or award. You don't have to share a lump sum reward with others.
Products Can Be Defective for Different Reasons
As with all lawsuits, you need grounds to file if you've been hurt by a product, and then you must prove the grounds in court. With product liability, you must typically convince the court that the manufacturer did not create the product according to plan or design, or that something was wrong with the plan or design. You can also file a lawsuit if you believe that the product would not have caused you injury if it had included better directions or warnings.
Product Lawsuits Require Legal Help
Personal injury lawsuits for defective consumer products can be difficult fights to win. Manufacturers usually have plenty of money to hire the best lawyers and defend themselves. As the plaintiff, or the person filing the lawsuit, you have the burden of proof to convince the court not only that the product was defective or dangerous, but also that the defect caused your injury. Such lawsuits usually require the help of an attorney.
A Personal Injury Lawyer Can Help
The law surrounding personal injury based on consumer product liability is complicated. Plus, the facts of each case are unique. This article provides a brief, general introduction to the topic. For more detailed, specific information, please contact a personal injury lawyer.