Product liability cases involve unsafe and defective products that cause personal injury or wrongful death. In these types of cases, victim or the family of the sufferer can file a case under product liability law to recover the damages caused by the use of a defective, dangerous or faulty product. Product liability cases are somewhat a mix of tort law and contract law.
Product liability law is there to protect the consumers who wind up using the dangerous and defective products and suffer injury because of it. 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. The liability of the various parties involved can vary in different jurisdictions as the product goes down the line from the manufacturer to the consumer.
Product liability cases might be filed under number of different circumstances. Some are as follow:
Negligence: In this sort of case, the plaintiff must demonstrate that other parties, who were to blame for making the product or distributing it, have the duty to provide a fit product that is not unsafe in use. Plaintiff also needs to establish that other parties could have detected the defected product if they had exercised reasonable care in the designing, manufacturing or inspection process. 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 type of liability in which design of the product makes the product unsafe, defective or faulty and victim gets hurt as a result of using it.
Manufacturing Defects: Liability caused by using the defective product that becomes defective or unsafe during the manufacturing process, falls in this category.
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 faulty products. That includes defects of the product that could be obvious or not-obvious. Injured or sufferer can received the compensation for the damages that could include doctor fees, medical and therapy costs, lost wages, out of pocket expenditures, punitive damages, permanent suffering and 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 consumer or user dies due to failure or malfunctions of the product, the survivor of the victim can file a suit for wrongful death caused by defective, dangerous or faulty product. Additionally, the manufacturer will also be liable under product liability laws. The plaintiff in these types of cases can file for wrongful death lawsuit and may also get compensation for doctor fees, medical and therapy bills, lost wages, pain and suffering, loss of enjoyment of life and loss of consortium claim for spouse. About the Author
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Kyle Amen
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