Few Key Facts About Product Liability That You Should Know
Product Liability is a kind of personal injury caused by the use of a dangerous or defective product. In such cases, it is possible for the victim or the victim’s family to recover damages under product liability claims. Product liability is normally comes under tort law and contract law.
Product Liability law is to protect the consumers of defective and dangerous products who suffer injuries as a result of using these products. The second important feature of product liability law is to hold responsible those who put dangerous and defective products into market. They may include manufactures of these products, retailers and distributors who make available these products in the market. Liability of the parties involved may vary in different jurisdictions.
Product Liability case can be filed under number of different circumstances. Some are as follow:
Negligence: In this kind of case, the plaintiff must demonstrate that other parties, who were responsible for making the product or distributing it, have the duty to provide a fit product that is not dangerous in use. Secondly, The Plaintiff also has to show that the opposite parties have to take reasonable care in the designing, manufacturing and inspection phases and dangerous and defected products can easily be identified if they exercise this practice. Plaintiff finally needs to show that they failed to meet their obligation and plaintiff got hurt by using the defected or dangerous product.
Design Defects: This is a kind of liability in which design of the product makes the product dangerous, defective or faulty and victim gets hurt as a result of using it.
Manufacturing Defects: In this kind of liability, the product becomes defective, dangerous due to manufacturing fault.
Marketing Defects: A product liability that involves no adequate warning labels or instruction for the consumers falls in this category.
Generally, all the provinces have the laws that allow compensation to persons injured by defective products. That includes defects of the product that may be obvious or not-obvious. The victim will receive the for lost wages, medical and therapy expenses, doctor fees, punitive damages, out of pocket expenditures, permanent disability and for consortium for a spouse.
It is quite possible that a defective or dangerous product result in a death of the consumer. Death in this case will be considered as wrongful death If the death is caused by defective or dangerous product, the survivors of the victim can file a suit for wrongful death against the manufacture of the product. In this case, manufacturer will also be liable under the product liability laws. The survivors of victim who file a suit for lawful death can also get the compensation for doctor fees, hospital and medical expenses, loss of wages or past as well as future, loss of life’s enjoyment, pain and suffering, and a loss of consortium claim for a spouse.
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