When Can I File a Product Liability Claim?

A product liability claim can be filed when you have been hurt or damaged by unsafe products. It can mean taking legal action against the manufacturer, seller, or others who are responsible for the defect. This law makes sure that the products are safe to use.

This law covers damages like physical injury, property damage, and even emotional distress. Understanding the scope of product liability is crucial for consumers.

Products may have defects that can cause damage. These damages could cause injuries. The injured person can file a product liability case to seek compensation. It is important to know when and how to file a claim. This article explains it clearly.

Understanding Product Liability Claims

A product liability claim can be filed if someone gets hurt due to a faulty product. This claim is a legal action against

• The one who manufactured it.
• The one who sold it.
• Anyone who distributed it.

Every day, we use products that are made by multiple companies to ease our chores. From food and medicines to cars and electronics, we totally rely on products. We expect them to be safe for use. At times, these products have defects that make them dangerous.

Injuries caused by such products could be serious. In such cases, the injured person has the right to seek fair compensation. They can hold the company responsible for this injury.

The product liability case focuses on proving that the product was defective and is directly linked to your injury.

Type of Product Defects

When it comes to product liability, defects generally fall into three categories:

Manufacturing Defects

Manufacturing defects can happen when a product is made with defects. These mistakes can occur at any stage of the production. Such defects can cause a malfunction or the product to break. 

Design Defects

Design defects are problems that exist in the basic plan of the product. These defects make the entire product line unsafe. A design defect means the product is not safe for use.

Marketing Defects

This means that the product has issues with the way it had been marketed, meaning it could involve issues with its labeling, it could have insufficient instructions, misrepresentations, or even a lack of proper warning.

When to File the Claim

As soon as you realize that the product caused you an injury, you can file a product liability claim. Most states have “statutes of limitations” on filing a lawsuit. Your claim may be rejected if you wait for too long. Generally, the time limit varies from 1 to 4 years. It varies from state to state.

Who Can File the Claim

You can file a product liability claim if:

• You used the products as intended.
• The product caused any injuries to you.
• You have evidence that proves that the product was unsafe to use.

In some cases, you can file a claim even if you did not buy the product yourself. Family members can also file a claim if they have lost their loved ones because of a defective product.

The Filing Process

Usually, filing a product liability claim begins with submitting a complaint in the court. This document includes details like who you are, how the product injured you, etc.

After filing the claim, you may be called for a negotiation regarding the compensation. In some cases, you may move to a trial in the court if the negotiation was not successful. A lawyer can help you in protecting your rights and get you the right compensation.

Compensation in Product Liability Claim

The compensation in a product liability claim may depend on the injuries and losses caused by the product. Common types of compensation include:

• Medical expenses.
• Lost wages.
• Lost earning capacity.
• Pain and suffering.
• Disability cost.
• Loss of enjoyment of life.
• Punitive damages.

Key Takeaways

• A product liability claim can be filed when a defective or unsafe product causes injury to a customer.
• Types of product defects may include manufacturing defects, design defects, and warning defects.
• You can file a claim as soon as you realize that the product caused you an injury.
• Common types of compensation you may get in a product liability claim are medical expenses, lost wages, pain and suffering, etc.