Product liability is a legal concept that holds manufacturers, distributors, and sellers responsible for any injuries or damages caused by their defective products. If you or your loved one has been injured by a defective product, you may be entitled to compensation. However, navigating the legal process can be challenging, especially if you don't know the elements of a product liability claim. In this blog, we will provide you with a helpful guide on the elements of a product liability claim.
1. Defective Products
To have a product liability claim, you must first show that the product is defective. There are three types of defects: design defect, manufacturing defect, and marketing defect. A design defect is a flaw in the product's design that makes it unreasonably dangerous. A manufacturing defect, on the other hand, is a flaw in the manufacturing process that makes the product unreasonably dangerous. A marketing defect is a failure to provide adequate warnings or instructions about the product's dangers.
2. Injury or Damage
The second element of a product liability claim is that you must have suffered an injury or damage. This injury or damage can be physical, emotional, or financial. It must be a direct result of using the defective product.
The third element of a product liability claim is causation. You must show that the defective product caused your injury or damage. This means that if the product was not defective, you would not have suffered the injury or damage.
4. Breach of Warranty
The fourth element of a product liability claim is a breach of warranty. A warranty is a guarantee made by the manufacturer or seller about the quality of the product. If the product does not meet the warranty, the manufacturer or seller may be liable for any injuries or damages caused by the product.
The fifth and final element of a product liability claim is negligence. Negligence occurs when the manufacturer or seller fails to exercise reasonable care in the design, manufacture, or sale of the product. If the manufacturer or seller knew or should have known about the defect, they may be liable for any injuries or damages caused by the product.
Don't Be Afraid to Hold Negligent Manufacturers Accountable
If you have been injured by a defective product, you may be entitled to compensation, but navigating the legal process can be challenging. That's why it's essential to understand the elements of a product liability claim to determine if you have a case and to seek legal representation if necessary.
At Grossman Roth Yaffa Cohen, our team can help you determine if you have a product liability claim and guide you through the legal process from start to finish. Our defective product attorneys have experience in personal injury and complex litigation, and are not afraid to hold negligent manufacturers accountable. Contact us today for a free consultation and let our experienced professionals fight for the compensation you deserve.