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What is product liability law?
Product liability lawsuits usually involve claims that some product is
unreasonably dangerous, either in the product's design, manufacture, or in its
lack of a proper warning or instructions regarding its use.
What percentage of lawsuits involve product liability?
Of all of the civil cases filed each year, only approximately 4% deal with
product liability issues.
Why then have I heard so much about "tort reform" lately?
While at first glance tort reform seems like a good concept, in reality it is
nothing more than corporate America's attempt to limit irresponsible
manufacturers' liability for producing dangerous products. Until such
manufacturers put safety first, they should not be rewarded with generous tort
reform protection.
In this day and age of computerized design and sophisticated manufacturing
techniques, why do producers continue to develop and sell faulty and dangerous
products?
While most manufacturers take pride in creating useful and safe products for
public consumption, some only concern themselves with the bottom line, i.e.,
profit. Unfortunately, some manufacturers have determined that it makes more
financial sense to design and build defective and dangerous products than is
does to produce safe ones. It is this type of "cost - benefit" corporate
mentality that product liability cases often deal with.
Do product liability lawsuits really result in better and safer products?
Yes. A recent study found manufacturers that had been defendants in product
liability lawsuits improved the safety of their products over 80% of the time.
What types of products can be the subject of a product liability lawsuit?
Just about any dangerous or defective products from automobiles to children's
toys to prescription drugs (and many in-between) can be the subject of a product
liability lawsuit. The manufacturer and other related entities owe the user of a
product a duty to create only safe products, i.e., not ones that are
unreasonably dangerous. If the manufacturer or related entity breaches that duty
to provide you with a safe product, and that product injures you, causing you
damage, you may have a legitimate legal case based on product liability law.
How do I know if I have a products liability case?
The only sure way to find out is to contact an attorney. While the general
"duty - breach - causation - damages" principle outlined above is accurate,
there are many subtle nuances and technical rules that may apply to your unique
set of facts. In addition, there are time limits imposed by your state's statute
of limitations in which you must bring your claim or be forever barred from
doing so. If you have a question about your ability to file suit,
contact us.
Related Topics:
Defective Product Injuries
Dangerous Product FAQ
Information provided by
InjuryBoard.com
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