Proving Liability in Defective Product Claims

Woman laying in hospital bed.

What is a Product Liability Claim?

A product liability lawsuit can be brought against a manufacturer and other parties such as suppliers when an injury or illness is linked to a defective or dangerous product, drug, or medical device. The process of pursuing a product liability claim is complex, and for the best possible outcome, it's critical to hire an experienced product liability attorney to assist you. Here's what you need to know.

The Different Types of Product Liability Claims

There are three types of product liability claims. Here's a breakdown of each

Design Defects

A defectively designed product means that it is dangerous even if it was correctly manufactured. Design defects are typically present in a product from the start and, in some cases, even before it's manufactured. Something in the design has posed a safety issue to the consumer.

Manufacturing Defects

Products that are defectively manufactured mean that an error had been made at the factory during production.

Marketing Defects

Marketing defects include products that lack sufficient warnings, instructions, or possible health risks from using the product.

What Evidence is Needed to Prove a Product Caused You Harm?

Depending on the particular circumstances of your case, the evidence you need to provide may vary. However, there are four basic things you need to prove:

  • That you've been injured or suffered harm.
  • The product you used was somehow defective and lacked proper warnings or instructions.
  • The defect or lack of warning specifically led to your injuries.
  • You were using the product in the manner in which it was intended.

What Types of Compensation Can I Receive for Damages?

There are three types of damages you can claim in a product liability lawsuit:

Economic Damages

Economic damages are monetary losses you suffered from being harmed by the defective product and may include:

  • Medical expenses
  • Loss of income
  • Costs incurred due to disability
  • Property damage (some defective products can also cause property damage)

Non-Economic Damages

Non-economic damages are non-monetary losses that may be difficult to quantify, such as:

  • Pain and suffering
  • Permanent disfigurement
  • Loss of consortium (loss of companionship, affection from a spouse or other relationships)
  • Loss of enjoyment of life

Punitive Damages

Punitive damages are awarded in addition to the above damages under exceptional circumstances. They are typically awarded at the court's discretion when the defendant had a flagrant disregard for the consumers' safety. Punitive damages are meant to punish the defendant for intentional harm by engaging in wanton and willful misconduct.

How Long Do You Have to File a Claim?

The statute of limitations for filing a defective product claim against a manufacturer or other party depends on the state in which you live. Our national attorneys can help you navigate the statute of limitations laws in your state. Read on to learn more about how we can assist you.

Harmed by a Defective Product? Houssiere Durant & Houssiere, LLP Can Help

You expect that the products you purchase are safe to use. It can be a devastating situation when it unexpectedly causes you harm, and most victims don't know where to turn for help. If a defective product injured you or a loved one, our team of lawyers at Houssiere Durant & Houssiere, LLP are ready to hold the responsible parties accountable.

Contact our national lawyers today at (800) 914-2894 for a free consultation.

Related Posts
  • Who Is Responsible for a Defective Product? Read More
  • Parents Sue Baby Trend Inc. for Wrongful Death of Daughter in Defective Stroller Read More
  • Signs and Symptoms of Paraquat Exposure Read More