A lawyer that is paid based on a contingency fee is willing to invest in your case with their own money and will be there until the end since they do not get paid unless/until they are successful. Unfortunately, depending on the product, identifying all of the parties that may be liable for your injury can be complicated. The answer, as in all things legal, is maybe. This can lead to serious injuries or illnesses for consumers. These types of cases can be brought against the manufacturer or seller of the product. Consumers who have been injured as a result of car-related defect may have a legal claim to damages. Can I sue for a faulty product? How are Public Transportation Accidents Different from other Auto Accidents? If you believe your injury was caused by a defective product, be sure that you meet the following criteria before considering a product liability lawsuit: If you used the product in the manner intended and the injuries were not warned about, you may have a product liability case and you should consider speaking to a product liability lawyer to compensate for your injuries. Any medical devices are closely monitored by the U.S. Food and Drug Administration (FDA), a product can be defective in its design, manufacturing process, or marketing strategy. If you paid via credit card, you can force a refund if it's legitimate. Joint and several liability aims to ensure that a winning plaintiff gets paid and leaves the defendants to work out among themselves how much each of them should have to pay out. An electrical fire started in my condominium with my family inside and the fire alarms didn't go off and didn't work when I manually pulled them outside. The responsible party in a defective product case depends on the type of defect as noted above. Multiple parties could be at fault for your injuries, you can take legal action against any of them. Your case will still be handled as an individual claim. Even if the product is recalled, you still have to prove each element of your claim. For example: A consumer took their curtains to a dry cleaner to be dry cleaned. Compensation should put you in the position you would have been in if the products or services had done what they are supposed to under consumer guarantees. State law determines the amount you are entitled to collect in a product liability lawsuit. Disclaimer Non-economic damages include loss of consortium, pain, and suffering. A company can still be at fault if their negligence can … But corporations can change shape, form, and owners frequently by means of mergers with or acquisitions by other companies, reorganizations, spin-offs, re-naming, and so on. Disclaimer. Punitive damages may be compensable in some states depending on the severity of your injury and the actions taken by the responsible party. Read our personal injury compensation blog. Keep in mind that it is not a question of choosing one defendant over another (regardless of the protests of the retail store where you bought the defective product) -- any party involved in the chain of distribution should be named as a defendant in your lawsuit. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. How Do I Choose a Defective Product Lawyer? Plus, even if the problem's just non-delivery or faulty goods, you've the same rights from the credit card company as from the retailer. Who Sets the Laws and Regulations for Daycare Facilities? Who Do I Sue in a Defective Product Case? What Information Do I Need to File a Chemical Exposure Case? Our most common area of product liability litigation is defective medical devices and bad drug lawsuits. How Do I File a Case for my Bicycle Accident? None of this information is intended as either legal or medical advice or opinions. In states that follow pure joint and several liability, even if the only defendant who can afford to pay anything was only marginally responsible for the defective product, that defendant is obligated to pay the entire award of damages. To begin the chargeback process, you'll usually contact your bank. Toxic Tort and Chemical Exposure Lawsuits. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Last Modified: March 19th, 2019 @ 02:00 pm, © 2019 TorHoerman Law LLC. You don't have to be the product user. Any product that malfunctions, while being used for the purpose it is intended, is considered a defective product. Does it Matter if I Have Signed a Liability Waiver? If you are injured by a defective product, you might be able to file a product liability claim against the manufacturer and any seller. Damages Awarded in a Truck Accident Lawsuit. You might be able to recover for used products. In those circumstances, TorHoerman Law maintains joint responsibility. Do Not Sell My Personal Information. As a general principle, you want to include any and all parties involved in the chain of distribution (the path that the product takes from manufacture to distribution to the customers) of the injury-causing product. Is Pharmacy Error Considered Medical Malpractice? If a business sells you a faulty consumer product, you can ask for the good or service to be fixed under the Consumer Guarantees Act (CGA). What type of incident is considered a wrongful death? If you've been injured by a defective product and wish to sue to recover for your injuries, one of the first things you'll need to do is identify which people and companies might be liable and then name them as defendants in your claim. You may think, “If the manufacturer is admitting the product is defective, I should automatically win the lawsuit!” Not so. When Should I File a Chemical Exposure Case? In some states, the information on this website may be considered a lawyer referral service. Home ► Defective Product Lawsuit and Product Liability Law. Instead, groups of similar defective product cases are often grouped together into “mass tort” lawsuits. Even though the retail store where you bought the injury-causing product may not have manufactured it, the retailer may still be liable for selling you a defective product. What is the Difference Between Battery & Assault? 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