Product liability law is a critical aspect of the legal landscape that governs the safety and responsibility of manufacturers, distributors, and retailers for the products they put into the market. When individuals purchase a product, they expect it to be free from defects and safe for use. However, accidents and injuries can occur due to faulty products, leading to legal disputes known as product liability cases. At McCune Law Group, we understand the complexities of product liability law and are here to guide you through its various aspects. In this blog, we will explore the various aspects of product liability law, the types of product defects, and how McCune Law Group can assist you in seeking justice.
What is Product Liability Law?
Product liability law is a legal framework designed to hold manufacturers, distributors, and sellers accountable for any injuries or damages caused by defective products they introduce into the marketplace. These defects can fall into three main categories:
- Design Defects: These occur when a product’s initial design is inherently flawed, making it dangerous even if manufactured and used correctly.
- Manufacturing Defects: These defects occur during the product’s manufacturing process, causing a specific product or batch to be dangerous, while others of the same model may be safe.
- Marketing Defects (Failure to Warn): This pertains to insufficient warnings or instructions on a product’s label or packaging, leading to improper use or consumer confusion.
Common Types of Product Liability Claims
Tens of thousands of Americans are killed by defective products each year, and many more are injured, resulting in expensive emergency room visits and hospitalizations, decreased mobility, and ability to work, and pain and suffering that can last for months and even years. Although some injuries occur due to a victim’s lack of care or another person’s negligence, manufacturers and sellers are strictly liable for injuries that are caused due to a defect in the design or manufacturing of a product.
Common product liability claims include injuries involving:
- Automobile defects and false advertising
- Defective drugs and medical devices
- Exercise and gym gear/equipment
- Kitchen and home appliances
- Nursery and other children’s products
- Power tools and electronics
Frequently Asked Questions:
What qualifies as a defective product under product liability law?
A defective product, in the context of product liability law, can take several forms. There are three primary types of defects: design defects, manufacturing defects, and marketing defects (failure to warn). Design defects refer to inherent flaws in the product’s initial design that make it unreasonably dangerous, even when used correctly. Manufacturing defects occur during the production process and result in certain units or batches being unsafe. Marketing defects relate to inadequate warnings or instructions, which can lead to improper use or confusion.
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If you’ve suffered injuries or damages due to a defective product, it’s essential to take certain steps to protect your rights. First, seek medical attention for your injuries and document all medical treatment. Preserve the product and any related evidence, such as packaging, receipts, and photographs of the incident. It’s crucial to consult with an experienced product liability attorney from MLG who can assess the details of your case and guide you on the appropriate legal actions to take.
How long do I have to file a product liability lawsuit?
The timeframe for filing a product liability lawsuit varies by jurisdiction and depends on the statute of limitations in your state or country. In most cases, you must initiate legal action within a specified period from the date of injury or the date you discovered (or should have reasonably discovered) the connection between your injuries and the defective product.
Can I still pursue a product liability claim if I used the product incorrectly or ignored warnings?
Yes, it’s possible to pursue a product liability claim even if you used the product incorrectly or ignored warnings. While these factors may be considered during the legal process, they do not automatically absolve the manufacturer, distributor, or seller of responsibility. In many cases, the focus will be on whether the product was inherently defective or if the warnings provided were sufficient to prevent the misuse that led to your injuries.
How to Start Your Potential Case
If you have a potential product liability case, please contact the McCune Law Group. It is likely we have successfully handled a similar case and will be glad to share our experience and history of success in your type of case. Here is what to expect when you contact us:
- Fill out our form with your information
- Set up your free consultation
- Meet with our Product Liability team
- Discuss your potential case
- Discuss your next steps
Proven Results in a Wide Variety of Product Liability Cases
Although many lawyers and law firms advertise their services in bringing product liability suits, your responsibility as an injured victim is to select the attorneys you can trust to recover the full compensation you are owed. McCune Law Group has built its reputation in the Inland Empire and nationally as a premiere complex litigation firm because we have consistently won considerable verdicts and settlements on behalf of our clients. For 30+ years, McCune Law Group lawyers have successfully represented clients who sustained life-altering injuries or have lost family members due to a defective product. Our firm has handled dozens of product liability cases where the recovery amount totaled over $1 million.
To learn more about product liability, contact McCune Law Group by completing the form or calling (909) 345-8110 today for a free consultation!