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As consumers, we often take for granted that the products we purchase are safe and reliable. However, defective products can cause significant harm, leading to financial loss, personal injury, or even death.
When this happens, it’s essential to understand your rights under product liability law. In today’s article, let’s explore the basics of product liability. Here’s what you need to know:
What Is Product Liability?
Product liability refers to a manufacturer or seller being held liable for placing a defective product in consumers’ hands.
In essence, it is the legal responsibility of a manufacturer, distributor, or retailer to ensure the products they sell are safe and free of defects. If a product causes harm due to a defect, the injured party may be entitled to compensation through a product liability claim.
Types of Product Defects
Three primary categories of product defects can result in a product liability claim:
- Design Defects: These defects are inherent in the product’s design, making the product dangerous even if it was manufactured correctly. For example, if a car’s design causes it to flip over easily, leading to a high rate of rollover accidents, this would be considered a design defect.
- Manufacturing Defects: These defects occur during the production process, resulting in a product that is not safe for its intended use. Examples include a contaminated batch of medication or a children’s toy with a sharp edge due to a manufacturing error.
- Failure to Warn: This type of defect occurs when a manufacturer does not adequately warn consumers about a product’s potential risks or provide proper instructions for its safe use. For example, if a prescription drug has a dangerous side effect that the manufacturer failed to disclose, this could be considered a failure to warn.
Understanding Your Rights in a Product Liability Case
As a consumer, you have the right to expect your products to be safe for their intended use. You can seek compensation through a product liability claim if you have been injured or suffered damages due to a defective product. The following are some of the key rights you should be aware of:
- The Right to Compensation: If a defective product has caused you to harm, you have the right to seek compensation for your damages. This may include medical expenses, lost wages, pain and suffering, and other losses.
- The Right to Hold Manufacturers Liable: In a product liability case, you have the right to hold the manufacturer, distributor, or retailer responsible for the defective product. This means that you do not need to prove negligence on their part, only that the product was defective and it caused your injuries.
- The Right to Legal Representation: Product liability cases can be complex, and it’s essential to have an experienced attorney who can help you navigate the legal process and ensure your rights are protected.
- The Right to a Fair Trial: If your product liability case goes to trial, you have the right to a fair and impartial trial by a jury of your peers.
- The Right to Appeal: If you are unsatisfied with the outcome of your product liability case, you can appeal the decision and seek further legal remedies.
Understanding your rights in a product liability case is crucial to ensuring you receive the proper compensation for your damages. By being aware of the different types of product defects and knowing your legal rights, you can better navigate the often-complex world of product liability law.
If you believe you have a product liability case, it’s crucial to consult with an experienced attorney who can help guide you through the process and advocate for your best interests.
Our highest priority at Frank Fernandez Boston Personal Injury Firm is helping our clients. We take a personalized approach to every case. If you’re looking for a personal injury lawyer in Boston, we can help you. Contact us today to learn more and get the help you need.
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