What is a Product Liability Lawsuit?

You should never have to pay for an accident that was not your fault, but filing a personal injury lawsuit is not always straightforward.

Suppose you have been involved in a car crash or a slip-and-fall accident. In that case, you may already have a rough idea of what to do next: call the police or ask for a manager, contact the at-fault party’s insurance company, and then reach out to an attorney if you need help obtaining evidence or negotiating a better settlement.

But what happens if you have been injured by a product that you purchased?

Filing a personal injury lawsuit differs when the defendant is not an individual but a manufacturer, a marketing company, or a retailer. Product liability claims are still considered personal injury lawsuits, but they must meet a very different legal standard to succeed.

The Definition of a Product Liability Lawsuit

A product liability claim is a lawsuit filed against one or more parties involved in the manufacture of a product. Since any defect, mistake, or oversight in the supply chain could make a product more dangerous, the defendant in a product liability lawsuit is not always the manufacturer. Instead, the defendant could be any of the following:

1. The product manufacturer;
2. A third-party contractor or engineering firm;
3. A transportation logistics company;
4. A processing or packaging plant; or
5. The company you purchased the product from.

Product liability claims tend to be complex, and it is not unusual to see more than one party named as a defendant. However, naming a company as a defendant does not mean that they will be held liable or that you will ever receive a settlement, much less a court-ordered award.

The 3 Types of Product Liability Claims

Product liability lawsuits often hinge on abstract legal theories of liability.

In the context of New York law, a solid product liability claim must usually establish that any one or more of the following factors occurred, or were present, at some stage in the supply chain:

1. Negligence

Manufacturers have a binding responsibility to ensure that the products they sell will be safe when used for their intended purpose. If a company fails to conduct its due diligence and adhere to industry standards, it may be held liable for negligence.

2. Breach of Warranty

If a manufacturer promises or claims that a product will perform a certain way under specific conditions, you should not have to second-guess the product’s integrity. Injuries that occur when a product is being used for its intended purpose, or for a reasonably foreseeable use, could constitute a breach of warranty, making the manufacturer or retailer liable for your accident-related damages.

3. Strict Liability

Sometimes, a product is simply dangerous. Strict liability claims typically assert that the product, as sold, was inherently dangerous and caused an accident. For a strict liability lawsuit to succeed, you must be prepared to push back on allegations that your own use of the product didn’t cause or contribute to your injuries.

The Challenges of Filing a Product Liability Lawsuit

Product liability lawsuits can be uniquely challenging.

This is due, at least in part, to the fact that failures in a product’s design, manufacture, and marketing are not always readily apparent. Few companies knowingly sell dangerous products, and even when they do, they typically do not admit it, particularly when money is at stake.

Outside of the standard types of evidence you will find in other kinds of personal injury claims, you may need to:

1. Preserve evidence of sale, including your receipts and manufacturer-provided warranties;
2. Record your damages, including hospital bills and estimates for long-term care;
3. Subpoena the defendant company’s internal communication logs and design blueprints;
4. Consult expert witnesses with industry-insider information; and
5. Prepare a defense that anticipates common counterclaims.

If you think that you could have a claim, call Jed Dietrich, Esq., today at 1-866-529-5334 to speak to a product liability lawyer in Buffalo and schedule your free consultation.