What is Product Liability?
We rely heavily on consumer products for our daily lives. Consequently, safety measures and laws need to be in place to ensure these products are safe. When a product causes harm, the injured consumer may be eligible for compensation through a product liability claim.
Evergreen Personal Injury Counsel, or EPIC Law, is dedicated to empowering individuals to seek justice and compensation when another’s actions have harmed them. We’re here to guide you through your rights and help you successfully navigate a product liability claim in Washington.
Defining Liability in Law
In legal terms, liability means being legally responsible for something, often resulting in the obligation to compensate for damages or injuries. Civil liability grants an injured person the right to hold someone responsible for their injuries if the harm resulted from someone’s wrongful actions.
In product liability cases, manufacturers can be held responsible if their product harms someone. This can involve various parties in the supply chain, including manufacturers, wholesalers, and retailers. If a product harms someone and is found to be defective, any of these parties may be held liable, depending on the nature of the defect and their role in the distribution process.
Product Liability Claims
When a consumer is harmed by a product, they may seek compensation through a product liability claim. The law holds manufacturers accountable for ensuring their products are safe for public use. There are several types of product liability claims, categorized by how they cause harm.
Design Flaw
A product may be inherently dangerous due to its design, even if manufactured correctly. For example, if a car has a design that makes it prone to rolling over during a turn, the manufacturer could be liable for any injuries sustained from such incidents. Claimants must prove that the design was unsafe and that safer alternatives were available.
Manufacturing Error
Manufacturing errors happen when a product deviates from its intended design during the production process. For instance, a faulty component or machine might leave a sharp edge on a child’s toy, or a batch of food products may be contaminated by a leak during processing. Though these would likely be unintentional mistakes, the manufacturers could still be held liable for resulting injuries.
Marketing Defect or Failure to Warn
A marketing defect occurs when a product is marketed without proper warnings about its potential risks or dangers. This category includes insufficient instructions for safe use or failure to highlight potential hazards. A common example of this is drugs that don’t accurately warn about side effects. In such cases, the manufacturer may be held liable for failing to provide adequate information to consumers.
How Does a Product Liability Lawsuit Work?
A product liability lawsuit typically begins with the injured party (the plaintiff) filing a complaint against the responsible party (the defendant). The plaintiff must demonstrate that the product was defective and that it caused their injuries. The case may go to court if the defendant doesn’t offer a satisfactory settlement.
- Filing the claim: The plaintiff files a complaint outlining the details of the case, including the nature of the defect and the damages suffered. A product liability lawyer can help you gather evidence and create a strong claim.
- Negotiation: Many product liability cases are settled before reaching trial. Negotiations are typically between the plaintiff’s attorney and the defendant’s insurance company to reach a fair settlement. However, insurance companies want to pay as little as possible, so having a lawyer to expertly negotiate on your behalf can greatly increase your compensation.
- Trial: If a settlement isn’t reached, the case proceeds to trial, where a judge or jury will determine liability and the amount of compensation, if applicable. Your case is much more likely to succeed with a lawyer representing you.
Why Work with EPIC Law for Your Product Liability Claim?
Navigating the complexities of product liability claims can be challenging, especially when dealing with large corporations and their legal teams. Insurance companies will strategically look for ways to deny the claim or pay less. That’s why you’ll want an experienced lawyer on your side who knows your rights and will fight for them effectively.
The EPIC Law team has extensive experience in product liability cases. We can help you navigate the legal intricacies and negotiate with insurance companies. A product liability lawyer can help you with every step of the process, from gathering evidence for the claim to making your case in court. You are more likely to succeed with legal counsel and more likely to receive higher compensation–the proof is in our results.
Schedule a Consultation Today
You don’t have to face this journey alone—we’re here to support you in every step of a product liability lawsuit and have a proven track record of securing favorable outcomes. Schedule a consultation with EPIC Law today to discuss your case and explore your legal options. Let us fight for the justice and compensation you deserve.