Below are answers to common questions about product liability law. These answers are for informational purposes only. Sometimes, exceptions apply. Please rely on your own attorney to determine whether an exception applies to your case. Only by consulting an experienced product liability lawyer can you be sure your rights are fully protected.
What is a “product” in terms of product liability law?
Products generally refer to tangible personal property. However, product liability law may also include intangible items such as a gas, real estate, and intellectual property such as navigational charts. Virtually anything with a design, manufacturing, and/or retail defect can cause harm.
Who can file a product liability claim?
A consumer or user of a product can seek damages if they were harmed by the use of a product containing inherent defects. It need not be the owner of a product. Someone to whom the product was loaned or given or who was required to use the product as part of his or her work would also be eligible.
My injuries are minor. Do I really need to see a physician anyway?
It’s important to seek medical attention after any incident that causes an injury. Certain injuries may not show symptoms for a few hours or even days. They could then be debilitating, and treatment might be more complex at that point. Further, having a physician’s medical records can help explain your injuries, should you decide to file a product liability lawsuit.
Does the location of the product failure or citizenship status of the plaintiff affect a product liability claim?
The plaintiff’s citizenship or immigration status is not an issue in a products liability case. CaseyGerry has represented Mexican citizens, Mexican nationals living in the U.S., and undocumented immigrants who have been harmed by defective products manufactured and/or sold in the U.S. Where the product failure occurred is also not a factor.
If I file a product liability lawsuit, who might be a defendant?
The unique facts of your case will dictate who the defendants might be. Depending on how and why your injuries happened, you may be able to hold the product designer, manufacturer, distributor, and/or retailer responsible.
What kinds of product liability are there?
A product can be defective by its design, its manufacture, or its marketing. A product can be poorly designed so that it fails in its intended function, and by its failure, it causes harm to the user. A properly designed product can have defects in its manufacturing that make it harmful or dangerous to the user. An appropriately designed and manufactured product can be marketed with inaccurate or misleading instructions, or fail to warn consumers of dangers inherent in the product.
How much is my product liability case worth?
Every lawsuit is different. How much a case is worth depends on a variety of factors, such as:
The nature, pain, and severity of your injuries,
How active you were before your injuries,
The costs of medical treatment needed for your injuries and whether you require ongoing treatment,
Whether your injuries caused you to lose income,
Whether your injuries caused any long-term or permanent impairments, disfigurement, or disabilities,
Physical and/or emotional suffering you experienced because of your injuries, and
Your past and future medical bills, lost earnings, opportunities, etc.
These and other factors will help determine the value of your case. An experienced product liability lawyer can review the circumstances of your individual case to determine what your claim may be worth. You can reach CaseyGerry at (619) 238-1811.