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What Is Product Liability

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Have You Been Injured by a Defective or Dangerous Product?

If you or someone you love has been injured by a defective or dangerous product, you are likely wondering what to do next. You could have a right to file a lawsuit to recover compensation for your injuries. If you are considering a product liability lawsuit, speaking with an experienced attorney is in your best interest. Product liability is a specialized field, and laws in this area can be complicated. Hiring a product liability lawyer and hiring the correct lawyer is the number one factor in the success of your claim.

Defective product claims are very common. The National Safety Council estimates that 11.7 million people were treated in emergency rooms in the United States last year because of injuries from dangerous or defective products. These products range from dangerous drugs to e-cigarettes to medical products or devices to automobiles. Some injuries may be mild, while others, such as an automobile defect, can be fatal.

Is Product Liability the Same as Personal Injury?

Product liability falls under the category of tort law. Tort claims are often personal injury. Product liability is a type of personal injury claim that holds manufacturers of products liable if there was a defect in a product that they produced that caused an injury.

What are Some Common Types of Dangerous or Defective Products?

All kinds of products can be dangerous or defective, but some of the most common include:

Injuries from these products range from mild to life-threatening. Some of the common injuries from these products are lacerations, choking, suffocation, amputation, burns, and eye injuries.

What Are the Three Types of Product Liability Claims?

Product liability claims can generally be classified into three main types. The types are:

What Is Strict Product Liability?

A strict liability tort occurs only in specific situations that are so inherently dangerous that the injured party doesn’t need to prove that the other party breached their duty to them. In a strict liability case, all that the injured party has to prove is that the at-fault party caused the injury without proving negligence.

How Do You Prove Strict Liability in a Product Liability Claim?

Strict liability product liability claims generally must have the following four elements:

How Do You Prove Negligence in a Product Liability Claim?

When a product liability claim is based on the negligent design, manufacture, or failure to provide instructions, the general elements that you must prove to succeed in your claim are:

The elements are similar to a standard tort claim but are more specialized because they involve product liability.

What Are the Types of Product Defects?

flames around electrical unit, burningThere are various types of product defects, but the main three types of defects in products are:

If you were injured by a product under one of these circumstances, you could be entitled to compensation through a product liability claim against the manufacturer of the product. If you find yourself considering a product liability claim, you should consult with an attorney with experience in these practice areas. You can call or message us today for advice and a free consultation.

Can There Be a Class Action in a Product Liability Claim?

A class action lawsuit involves a large group of plaintiffs instead of one or several co-plaintiffs. A class action lawsuit happens only in certain circumstances when a large number of people have been injured by a product defect. This often occurs when a mass product recall requires a product to be removed from stores and returned to the manufacturer to protect consumers from harm.

Who Is Liable for the Defective Product?

Consumers have a right to assume that the products they use are safe and that they have been tested for risks before going on the market, and anyone injured by a dangerous product, even sometimes indirectly, can recover damages. You can even recover damages if you were not the person who purchased the product if you meet the other requirements for a claim.

Any person or company in the line distribution can be liable for a dangerous product. This will, of course, depend on the facts of your claim and on who knew about the danger. Generally, liability can fall on the product manufacturer, a product’s part manufacturer if only a part were at issue, the person or company responsible for assembling the product, the person or company who installed the product, the wholesalers, or the store that sold the product.

What Damages Can I Receive in a Product Liability Claim?

injured person in wheelchairYou can be compensated for many kinds of damages in a product liability claim, including:

Are There Any Defenses to a Product Liability Claim?

Even when a product is found to be defective, some courts use certain tests to find out if the defendant is still liable for the defect. The two tests are:

What Is the Statute of Limitations for Product Liability Claims?

Statutes of limitations, or how long after the death or injury, vary by state. It is in your best interest to work with a lawyer who understands these deadlines. Regan Zambri Long practices throughout Maryland, Virginia, and Washington, DC. The statute of limitations in these three locations is:

Why Should I Choose Regan Zambri Long, PLLC?

Regan Zambri Long Product Liability Lawyers in group photoIf you or someone you love has been injured and you are considering filing a legal claim for your injuries from a defective product in the Maryland, Virginia, or Washington, D.C. areas, one of the many experienced lawyers on our team can help.

One of our senior partners, Victor Long, has secured some of the highest settlements and verdicts in our product liability practice and has litigated product liability cases involving the leveling and marketing of medication and pharmaceutical drugs. One of Attorney Long’s product liability successes was a $4.2 million settlement for a 6-year-old child injured by defective playground equipment. Another of his successes was a $3.8 million settlement for a 5-year-old child injured in a fire caused by a faulty extension cord. This even resulted in the company developing a warning label for the extension cord.

Our lawyers often operate on a contingency fee basis, meaning that you only pay after you win, and the amount owed is based on the amount you win at trial. Call Regan Zambri Long today or contact us online for a free case evaluation.

Schedule a Free Consultation

Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

Call 202-960-4596

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