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The Basics of Products Liability Lawsuits: Insights From A Product Liability Lawyer

Each year, nearly 34 million people are hurt or killed by defective consumer products. The accidents caused by these products result in medical expenses that exceed $12 billion every year. Products liability is a growing and complex area of civil litigation practice. Each day, the lives of consumers all over the country are changed forever by defective products. It is imperative that these consumers are represented by dedicated, talented, and experienced attorneys.

The Historical Development of Products Liability Law And Product Liability Lawyers

Prior to the mid-20th Century, most products liability lawsuits were brought under either the tort doctrine of negligence, or under contract law. However, as the doctrine of strict liability picked up steam, a separate practice area of products liability began to come into being. The theory behind it is that those who produce or sell defective products that harm consumers should be held liable for those injuries, regardless of whether the plaintiff can prove negligence or privity of contract.

Holding manufacturers and retailers strictly liable for defective products serves to align the legal system with the expectations of consumers. It also discourages manufacturers and retailers from producing or selling products that may harm consumers. They should experience both the benefits and the harms that their products lead to. Finally, it is cheaper for manufacturers and retailers to simply stop selling defective products than it is for consumers to wait for the harm and deal with the consequences later. The costs of these injuries should be paid for by the responsible parties, rather than by the consumers or society at large.

Types of Product Defects

There are three major subsets of consumer product defects that lead to lawsuits. They are as follows:

1. Manufacturing Defects: In a product manufacturing defect case, the product is not in the condition that the manufacturer intended at the time it left its control. To establish a manufacturing defect, most courts apply a reasonable consumer expectation test.

2. Design Defects: In a design defect case, the product was in the condition intended by the manufacturer or supplier, but was designed in such a way that it presented an undue risk of harm in normal use. To establish a design defect, most courts use a test that compares the risk of the design versus its utility.

3. Warning or Information Defects: In addition to the actual product itself, defects may arise from packaging and inadequate instructions, warnings, labels, etc. Inadequate warnings may make a product defective when the dangers are not apparent to consumers and users. To establish this type of defect, courts use both the reasonable consumer expectations test and the risk vs. utility test.

What to Do if You Are the Victim of a Defective Product

If you or a loved one has been injured by a defective consumer product, you should contact a personal injury attorney immediately. An attorney can review the facts of your case and determine whether you have a viable claim. If so, they can help you seek the compensation you deserve.