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When consumers purchase and use an item, they expect it to be safe. Product liability is the branch of law referring to the legal liability of manufacturers to ensure product safety for their customers.
Get in touch with an Aurora product liability lawyer if you have experienced harm due to a consumer good. The reliable personal injury attorneys at McCready Law could help walk you through the legal process and receive a fair settlement for your damages.
Product liability law covers many situations that may lead to personal injury. Some causes for potential defective items cases include breach of warranty, design defects, inadequate warnings, and strict liability.
New products typically come with a warranty. If a good, such as an automobile, fails to meet the warranty, the consumer can file a complaint.
Design defects refer to inherent flaws in products such as medical devices and vehicles whose design causes harm or, in some cases, death.
Manufacturers must provide clear instructions for items requiring assembly and warn of any possible dangers. Many manufacturers employ preventative measures to ensure their products are safe and prevent risk litigations.
Strict liability refers to a legal doctrine holding manufacturers liable for any injuries or damages caused by their products. In these cases, the plaintiff is not responsible for proving the manufacturer’s negligence.
Instead, the plaintiff must show that the product was defective and caused their injuries or damages. Strict liability doctrine applies to all parties involved in the item’s distribution chain.
Any of the parties in the chain of distribution to the customer may be at fault in a product liability suit, including the following:
It is important to note that merchants refer to commercial sellers who sell the product as part of their regular inventory, not private sellers who market on social media sites. A product liability attorney in Aurora could provide more information on liability in these cases.
A person injured by a product could pursue compensation to recover damages. These could be economic damages such as medical bills, lost wages, and property damage.
A settlement could also cover non-economic damages like pain and suffering, emotional trauma, and loss of consortium. The last form of compensation is called punitive damages. These are designed to punish the defendant for particularly egregious behavior. However, it is uncommon for the court to reward punitive damages in product liability cases, as manufacturers and sellers rarely provide a good with the intent to cause harm.
A two-year statute of limitations applies in personal injury cases. This deadline begins on the date of the incident. However, there are exceptions to the statute of limitations that may apply to a specific case. Injured parties handling a product liability case should consider working with an Aurora lawyer to help obtain a fair settlement.
The complexities of product liability law make it essential to partner with a professional legal team. They could investigate your case, pinpoint the at-fault party, and help to obtain fair compensation.
If you suffered an injury and need to file a product liability claim, we encourage you to contact McCready Law today. An Aurora product liability lawyer could diligently work to get you the settlement you need and deserve.