How Does Product Liability Relate to Personal Injury?
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What is product liability?
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Product liability refers to the legal responsibility a manufacturer owes the public to make sure its products are safe. If someone is injured due to a product defect, that person can bring a personal injury lawsuit against the manufacturer seeking money damages. A personal injury lawsuit is a claim for damages to compensate for injuries. A person bringing such a suit, known as the plaintiff, must show that the manufacturer allowed a defective product to enter the stream of commerce. Product liability claims can be based on allegations that a particular product contained a design flaw, that it was manufactured improperly, that it was not safe for its intended use or that there were inadequate warnings on the package or product alerting users to safety risks. If a defective product causes property damage, a plaintiff could also bring a cause of action seeking compensation for the damage.
Who can sue?
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Anyone who is injured by a defective product (or a family member of a person who died as a result of the injuries) may sue, even if they did not purchase the product. For example, if you were to borrow your neighbor's lawn mower and it exploded, you could sue the manufacturer even though the mower belonged to your neighbor.
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What the plaintiff needs to prove
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A person bringing a successful products liability case against a manufacturer must show that the product was not altered after it left the manufacturing plant. The plaintiff must also show that he or she did not use the product in a reckless way for which it was not intended.
Legal theories
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A plaintiff may allege that the manufacturer intentionally put an unsafe product on the market. A plaintiff may also allege negligence, meaning that the manufacturer breached its duty of care to act with extra caution and caused the plaintiff's injuries.
A plaintiff could claim that the product failed to meet government safety guidelines. Finally, a plaintiff may claim that the manufacturer breached a warranty that the product was safely suited for its intended purpose.
Damages
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Plaintiffs in a product's liability personal injury suit could be awarded damages for their medical costs and future medical care, lost wages (past and future) and damages for emotional distress (sometimes called "pain and suffering). If a plaintiff can show a manufacturer intentionally put an unsafe product on the market--that the manufacturer knew, for example, that there was a design flaw but they chose not to spend the money to fix it--a judge or jury could award the plaintiff punitive damages to punish the defendant.
Who can be sued?
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In some cases, wholesalers and retailers of products may be sued. However, if wholesalers and retailers can show they conducted a basic inspection of the products they received for sale, they will usually not be held liable.
Cost to file a lawsuit
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In personal injury cases, lawyers are only paid if the plaintiff wins the case. Their fee is based on a percentage of whatever money the plaintiff collects.
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