FAQ:Product Liability

Product liability is the complex theory of law that addresses the liability or responsibility of manufacturers, distributors, and sellers for injuries, death, or damage caused by the use of a defective product.

Online sources, such as the Web site of the FDA, provide information about the recall of certain products. However, an experienced attorney with sufficient experience and knowledge of the product can best evaluate whether a lawsuit can be filed due to defective design or manufacturing defect.

The facts and laws involved in product liability cases are usually complex, and typically the defendant will have hired attorneys. An experienced product liability attorney can best review the facts and law to identify the people responsible, explain your rights, gather evidence, and confront those responsible both in or out of court.

Although it is preferable that you keep and preserve the product in the same condition it was in after the injury, it is not necessary that you have the product in order to make a claim.

The manufacturer of the product will attempt to use the misuse of a product as a defense in a negligence case; however, misuse does not automatically bar a claim.

Depending on several factors, including whether it is a personal injury or a wrongful death case and the jurisdiction, you may be entitled to recover compensation for past and future medical expenses and losses in terms of wages, lost earning capacity, and the companionship with your loved one, as well as pain and suffering, among other sums.