Understanding the 3 Basics of Product Liability

Product liability claims are widely misunderstood but, at the same time, they're actually pretty simple in theory. When someone puts a product on the market, they owe the customers who buy that product some basic assurances where quality and safety are concerned. If they fail to live up to these expectations, they can be held liable in court, in some instances.

Defects in Manufacture

If a product is manufactured in a way that is defective, the producer might be liable. These defects don't necessarily have to cause anyone harm, but they sometimes do. For instance, a ladder that breaks and causes someone to fall and hurt themselves may end up being considered sufficient reason for the manufacturer to be held liable for damages. On the other hand, however, a ladder that is simply defective in a way that makes it not perform as advertised, but not necessarily in a physically dangerous way, may also result in the manufacturer having to pay out a jury award or settlement to the people who purchased it.

Defects in Design

In some cases, a product is designed in a way that is dangerous. This is an area product liability law serves to protect customers, as well. In these cases, the product may have a defect that makes it very dangerous or it may have a defect that simply makes it not worth the money paid. A car that is a lemon, for instance, may meet either definition of being defective.

Defects in Advertising

This is an area where product liability lawsuits oftentimes concentrate on. A product may be advertised as being safe for one use or another but, in reality, may be anything but. If this is the case, the manufacturer may be held liable because of the risk that they put their customers at or because of actual damages that those customers suffered.

To really understand whether or not you have a product liability claim on your hands, you need to talk to a lawyer. A defective products attorney can take a look at your situation and see whether it ascends to the level of a legitimate product liability lawsuit If it does, they may want to take you on as a client and help you seek compensation, which may come from a jury award or a settlement, if you're case is persuasive enough to win and if your claim is valid in and of itself.