You may have heard the terms “product liability” or “product liability lawsuit,” but do not necessarily know what the terms mean or how they relate you. In short, a product liability lawsuit is one in which the consumer seeks to hold the manufacturer liable for injuries suffered as a result of defective or unreasonably dangerous product. In addition to the manufacturer of the product, any party in the “chain of manufacturing” may be liable. The chain includes the manufacturer, the assembler of a product, the wholesale distributor, and the retail seller.
Types of Product Liability Claims
There are three types of product liability claims: design defect, manufacturing defect, and marketing defect. A design defect is one in which a product is defective or unreasonably dangerous because there is some problem with how a product is formulated. An example is a heating blanket that catches fire based on the design of the wires in the blanket. A manufacturing defect is one that occurs in the assembly stage of the product and occurs in only one or a few products. The defect is not based on the fundamental design of the product. Finally, a defect in marketing is the failure to warn of non-obvious dangers in a product. A common example is a drug manufacturer failing to warn consumers about possible allergic reactions from taking a drug.
Product Liability Legal Theories
There are several different legal theories under which a consumer may bring a product liability lawsuit, including strict liability, negligence, breach of warranty, and misrepresentation. Under strict liability, the manufacturer is liable if a defective or unreasonably dangerous product injured the consumer. It does not matter if the manufacturer used a reasonable degree of care to prevent the injury.
In a negligence claim, however, the manufacturer is liable only if it did not exercise a reasonable degree of care to prevent the defect in the product. Breach of warranty and misrepresentation are similar types of claims. Both types of claims seek to hold the manufacturer liable when a product does not work as promised.
Damages Recoverable in a Product Liability Lawsuit
At the center of any product liability claim is the damages that one has suffered as a result of a defective or dangerous product. The damages that may be recovered necessarily depend on several factors including the type and the severity of the accident and the person involved. These damages include:
- Past and future medical expenses;
- Physical pain and suffering resulting from one’s injuries;
- Emotional suffering, including loss of sleep, anxiety, depression, anguish, and despair;
- Lost wages from time of work due to the accident; and
- Loss of earning capacity.
Contact a Greenville, South Carolina Personal Injury Attorney
David R. Price, Jr. is an experienced Greenville personal injury attorney who can help you recover damages for your injuries. From a car accident to a slip and fall accident to a product liability accident, David R. Price, Jr. has the experience and knowledge needed to help you recover the compensation you deserve.
Contact David R. Price, Jr. for a free initial consultation and case evaluation. You can call us at 864-271-2636.
David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.