Recovering Damages from Product Liability Cases
There are five traditional theories of recovery in personal injury claims based upon defective products:
- Strict liability, in which it is proven that the product was defective
- Misrepresentation, in which a seller promoted a product feature for which the product was not designed
- Negligence
- Breach of warranty
- Violation of consumer protection statutes
If you've been injured by a defective or dangerous product or drug, contact the Law Offices of James Scott Farrin now to see if our counsel is warranted in your product liability case.
What is Product Liability?
Defective or deficient consumer products that cause injuries to consumers can be the subjects of products liability lawsuits. Product liability refers to the responsibility of any party along the manufacturing and supply chain for product defects; the manufacturer or assembler, wholesaler, or retailer of a product can be held liable for a defect for which they are responsible. Despite the grumblings of product manufacturers alleging frivolous lawsuits by consumers, less than two-tenths of one percent of personal injury cases are product liability cases (Larry S. Stewart, "The Good, the Bad and the Ugly: Handling Products Liability Cases in the New Millennium," July, 2002), even though thousands of people in the U.S. each year are injured from defective and recalled consumer products (Source: U.S. Consumer Product and Safety Commission, 2003).
Frequently recalled products include cars, pharmaceutical and over-the-counter drugs, children's toys, defective articles of clothing, common household electrical equipment, and many other types of defective products. The U.S. Consumer Product and Safety Commission issues an average of three consumer product recalls each week. Despite the best efforts of regulators, dangerous products slip into the supply chain every day, and can affect your health permanently. If you or a loved one has been damaged by what you suspect was a defective or dangerous product or drug, consider securing the counsel of a personal injury lawyer experienced in product liability cases.
