Have you heard about how the product liability insurance industry has been valued at approximately $7.4 billion and is expected to grow at a 16.1% compounded annual growth rate? The Consumer Product Safety Commission conducts millions of product recalls annually involving defective consumer goods.
For your information, product liability laws protect consumers who are injured by dangerous or defective products. According to https://www.bowersfawcett.com/, manufacturers can be liable if their product is defective and injures you or a loved one under normal operating conditions.
Understand your rights in these situations where, according to the law, consumers are protected from the manufacture of defective products and, through the legal process, the justice system is at fault for any damage claims that you may have to make.
The Three Types of Product Defects
Product liability law recognizes three distinct categories of defects, which need different types of evidence to prove their existence because defects emerge at various times throughout a product’s development.
Design defects are present prior to manufacturing and apply to all products manufactured using such design. One such instance includes the design defects on GM ignition switches that would turn off engines mid-drive.
In a manufacturing defect, the safety aspect of the product design is fine, but a problem occurs during the process of manufacture, making that particular unit of that product hazardous. For instance, the Takata airbag recall involved defective airbags exploding and throwing shrapnel into cars.
A product that lacks sufficient instructions and warnings about existing dangers to users constitutes a marketing defect under its legal definition of failure to warn. Monsanto’s Roundup litigation is among the most consequential examples of this category in recent history.
The plaintiffs accused the company of failing to inform users about cancer risks linked to the active ingredient, which resulted in settlements totaling over $10 billion through numerous cases.
Why Strict Liability Changes Everything for Consumers
The consumer injured by the product does not have to show that the manufacturer was negligent. According to strict liability statutes, it is the plaintiff who must prove that there is a defect in the product that led to the injuries.
This regulation has far-reaching consequences due to the fact that modern manufacturing processes are very complicated and hard to investigate. Strict liability makes it easier for consumers injured by defective products to concentrate on proving that there was indeed a defect and that it led to the injury.
Strict liability is established due to the fact that manufacturers ultimately take on the responsibility of identifying potential hazards associated with their products, but they also derive financial gains from selling them and pay for any related losses via insurance and pricing.
Strict liability is established according to the Restatement (Third) of Torts: Products Liability, authored by the American Law Institute.
Who Can Be Held Liable
Any party involved in distributing a product can face product liability claims. Under Georgia product liability laws, when a product is determined to be defective, the manufacturer is required to address the situation with a recall, refund, or replacement, and the company can also be liable for any damages their product has caused.
This liability extends beyond what most consumers believe to be applicable.
- Manufacturers serve as the main focus of legal action. The legal definition includes both the product designer and the companies that produced its various components. In a single accident, a tire manufacturer and airbag supplier and automaker share legal responsibility.
- Retailers and wholesalers who introduced the product into the market can find themselves named as defendants. States grant these retailers limited legal protection because they did not know about the defect, but available defenses depend on the specific region.
- Retailers who sold the product can also face liability in many states. The store where you bought your item, according to retail store policy, will become involved in any product defect claims against you.
Injured consumers can pursue legal action against multiple parties because potential liability extends beyond the original manufacturer whose products they used. The plaintiff has the option to search through distribution channels until they discover entities that possess financial resources to settle claims.
Common Defenses and What They Require of You
Manufacturers and sellers raise several defenses in product liability cases. Understanding these defenses enables you to predict which arguments the opposing party will use together with their most important evidence.
The defendant in the product misuse defense demonstrates that the plaintiff operated the product in ways that the manufacturer did not expect and that this operation caused the resulting harm and not any product flaws.
The courts need to determine whether the actual usage of the product was completely unpredictable or whether a typical manufacturer should have foreseen this usage and created safety warnings.
Assumption of risk applies when a plaintiff knowingly uses a product despite being aware of a specific danger. This defense is most commonly used when the plaintiff recognized clear warnings together with the defense when the defense’s risk of danger was visible to everyone.
The state-of-the-art defense shows that the product was developed using existing technological and scientific capabilities that were available during its development. This defense applies more to negligence cases because strict liability centers on product defects, not how manufacturers behave.
Building a Product Liability Claim
The first thing you need to do after getting injured by a product is to establish specific procedures that will help you to maintain your right to file a lawsuit.
- Preserve the product. Do not throw it away, repair it, or alter it. The defective product itself is often the most important piece of evidence in the case.
- Photograph everything: the product, the injury, the scene, and any packaging or instructions that came with it.
- Seek medical treatment promptly and keep all records. Medical documentation that proves your injury came from the product establishes causation.
- Notify the appropriate agency about the defect. This includes the Consumer Product Safety Commission for consumer goods, the National Highway Traffic Safety Administration for vehicles, and the Food and Drug Administration for food, medicine, and medical equipment. The report serves as documentation for further investigation.
- Consult a product liability attorney before contacting the manufacturer or their insurer. Your recovery will be limited by statements you make before knowing the full extent of your injuries and legal rights.
What Product Liability Law Actually Does
According to product liability law, companies that design and produce the products must cover the cost of consumer injuries that result from their defective products.
The majority of states use strict liability as their primary legal standard. They hold companies accountable for product defects even when proof of specific defect origins proves challenging to obtain.
The three categories of defects, design, manufacturing, and failure to warn, address the full range of ways a product can cause harm. The foundation of a valid claim requires you to determine which category applies to your case and which party in the distribution chain holds responsibility.
