Being injured by a defective product is truly frustrating. Thousands of Americans suffer losses from employing defective or dangerous products every year. Imagine how many people have the same fate as you in the world. Fortunately, strict product liability laws allow you to make a compensation claim.
Strict liability rules make it easier to hold producers accountable for defective or dangerous products. However, not all situations may be covered by that liability. Hence, use this article as your guide in understanding what you have to do and what you can get through the ruling!
Strict Product Liability Mean in Law
In statutory law, strict liability is a doctrine that yields a person liable for injuries or damages he/she causes, whether by act or product. Even, if he/she had no intent and was not at fault for the injuries that occur. In essence, this policy is designed to protect the public and consumers.
Quoting from NSC Injury Facts, in 2022, 12.7 million people were treated in emergency units due to injuries resulting from consumer products. Most of the injuries involve everyday products that are pretended to be safe. Most victims of defective or dangerous products are the most vulnerable people; older adults and young children.
The majority of courts currently hold ultra-dangerous activity cases involving product liability. Therefore, this term refers to the retailers or producers who should be responsible for selling or placing defective products into consumers’ hands. Further, legal charges are brought against them based solely on their alleged behavior.
Types of Strict Liability Lawsuits
Strict product liability and other related policies serve to protect the public. Any injuries must be shown to be the result of three types of conduct that give rise to strict liability, including:
- engaging in abnormally dangerous activities;
- keeping dangerous animals; and
- product liability.
Statutes to address the above issues may vary from country to country. However, most states hold defendants liable for all injuries they cause, whether they knew about the dangerous propensities or not.
5 Types of Product Defects
Under the strict product liability law, you must prove that the product that caused your injury or loss is dangerous or defective. Five types of product defects cause injury or give rise to product liability.
1. Design Defect
The first type is defects that exist from the beginning of product manufacture. Even if the product works well, it could be dangerous for consumers. Design defects are common across all product lines.
2. Manufacturing Defect
These defects occur during the construction or production of a product. Generally, it’s only one or more units, not the entire line.
3. Marketing Defect
Many strict product liability concerns involve marketing defects. These defects include any defects in the product marketing process, such as inadequate instructions, misleading labeling, and inappropriate safety warnings.
4. Malfunctioning Defect
The type of malfunctioning prevents the product from functioning properly. These defects can cause injury or death.
5. Breach of Warranty
A product is claimed to breach the warranty if the product fails to fulfill the express or implied guarantees to the consumer.
Compensation for Using Defective Products
If you accidentally utilize a defective or dangerous product and it causes you injury, then you are entitled to compensation. Both, compensation for economic and non-economic damages under strict product liability laws, such as the following:
- medical bills;
- permanent disability;
- pain and suffering;
- emotional stress;
- loss of income;
- loss of quality of life;
- property damage costs;
- housing adjustment costs;
- punitive damages; and
- wrongful death.
Responsible Party for strict product liability
When there is a problem with a product, the manufacturer is the primary defendant. Not only that, you can also file a claim against other people who participated in the distribution of defective or dangerous products. The more parties that you sue, the more chances you have full recovery funds. These parties include:
- producers,
- distributors, and
- Retailers.
Evidence to be Collected in a strict product liability Claim
You have to retain some important evidence to prove a product liability case. If you fail to present all necessary matters, then the producers are not settled up to recover any damages for any injury they cause.
On the other hand, producers are not always responsible every time someone is injured using their product. There are several key elements that the plaintiff must prove. The key elements include the following:
1. Products are indeed unreasonable, unsafe, and classified as dangerous when designed, produced, or sold to consumers.
2. Producers and related parties have no intention of changing the way products are designed, produced, or sold before they reach consumers.
3. Consumers experience injury or loss as a result of using the product.
4. Consumers use products in ways that producers and related parties have predicted.
You must ensure, that the product you are reporting, is still in the same condition as when you received and used it. Besides, you have to prove that it is used in a normal way. The use of the product must be as appropriate as the average consumer.
In many cases, expert witnesses help prove one of the above. Then, your attorney is assigned to assist you in making the strongest case possible for full compensation.
Alternative to Strict Product Liability
While this law may solve your problems, you don’t have to make the legal arguments alone. You may present another theory of your case. Afterward, it is your lawyer’s job to identify the strongest legal arguments you have gathered. This way, the chances of recovering compensation for injuries or losses are higher.
For example, you don’t have to prove negligence. In spite of that, you have evidence that shows the producers were careless in the manufacture of the product. So, why not?
What Can You Do Regarding Strict Product Liability?
If you already believe that you will be filing a strict product liability lawsuit, then it is highly recommended that you hire an experienced consumer attorney. Your attorney will provide a wealth of legal advice about what your rights are and what legal defenses are relevant in your state.
At the same time, your attorney also discusses your options and determines; whether you would be better off settling the case out of court or not. If you need assistance in negotiating and drafting a settlement agreement with the other party, your attorney will help you accomplish these tasks.
