Law Offices of Jose M. Francisco

Defective Product Liability FAQ

Frequently Asked Questions on Product Liability

In this article, we will try to answer the following commonly asked questions on defective product liability claims:

  1. What is product liability?
  2. What are the different types of defective product liability claims?
  3. What should you do if you are injured with a defective product?
  4. What kinds of injuries can you claim for?
  5. How long should you wait before you file a product liability case?

What is product liability?

According to Wikipedia, product liability is “the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word “product” has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property.” In other words, a company may be liable for a person’s injuries and may be obliged to pay for the resulting damages if the injuries were incurred from using the defective product.

What are the different types of defective product liability claims?

Generally, there are three types of defective product liability claims. These are liability claims on:

1. Defectively Manufactured Products

A defectively manufactured product is flawed because of some error in making it, such as a problem at the factory where it was fabricated. As a result, the injury-causing product is somehow different from all the other ones on the shelf.

2. Defectively Designed Products

Defective design claims do not arise from some error or mishap in the manufacturing process, but rather involve the claim that an entire line of products is inherently dangerous, regardless of the fact that the injury-causing product was perfectly made according to the manufacturer’s specifications.

3. Failure to Provide Adequate Warnings or Instructions

Failure-to-warn claims typically involve a product that is dangerous in some way that’s not obvious to the user or that requires the user to exercise special precautions or diligence when using it.

What should you do if you are injured with a defective product?

Aside from seeking immediate medical attention, these are the suggested things you need to preserve when injured with a defective product:

  • The product itself, and any packaging or manuals that came with it. Label it clearly so your family knows it’s not safe, then put it out of the way. If it’s fresh food, you may have to freeze it or take it to an expert for testing.
  • Any receipts, prescriptions or other paperwork showing when and how you purchased the product.
  • All medical records and other documents showing how the defective product affected you and your family. Include any costs that you incurred because of the defective product, like a baby-sitter that you had to hire because you were too sick to take care of your children.
  • Any pictures of your injuries and the damage to your property caused by the product.
  • Statements from any witnesses, as well as their names and contact information.
  • Your own memories of the accident. Write down what you remember while it’s fresh, and add any new thoughts or medical problems that develop.

What kinds of injuries can you claim for?

The most common type of injury in a product liability claim is physical injury. But you can also claim for other types of injuries, may it be damages you are experiencing now or damages you might incurred in the future as results of present injuries:

  • Permanent disabilities or scarring.
  • Wrongful death.
  • Financial injuries
  • Temporary or permanent loss of an income.
  • Emotional injuries, such as pain and suffering.
  • Loss of a loved one’s care, love and companionship.

How long should you wait before you file a product liability case?

Every state has a law called a statute of limitations, which sets a deadline by which you must file your lawsuit. In general, statutes of limitations vary between one and four years. However, there are many exceptions. If the plaintiff was a minor at the time of the injury, the statute of limitations may not start until he or she turns 18. If the defendant is a government agency, the statute of limitations can be shorter. And in many cases, the statute of limitations doesn’t start running until you discover the injury. This can be important when the injury isn’t immediately obvious.

Filing a product liability claim

Negotiating for a product liability claim on your own can be complex and risky. Companies may take advantage of you and you may not get the compensation you truly deserve, that is, if you ever get paid at all. At the Law Offices of Jose M. Francisco, our experienced product liability lawyers will be more than willing to help you. Contact us so we can tell you how we fight for your rights and obtain the product liability compensation you are entitled to. Schedule a consultation today. It’s free.

 

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