Defective products are causing millions of injuries to people in the United States on an annual basis due to their high levels of danger. Under product liability law, the consumers of these products who suffer injury from a defective product can hold the manufacturer, distributor, supplier and retailer liable for these injuries. Unfortunately, not many consumers are aware of product liability law and will deal with the injuries (and resultant expenses) independently. This article will provide information on how to manage a Long Island product lawsuit and gain protection from facing financial difficulties.
What Is Product Liability Law?
The first question many people reading this article will ask themselves is: what is product liability law? Product liability law pertains to three basic factors that influence the production of the defective product.
The first is the improper manufacturing of the product where the manufacturer may have used poor materials to create the item. The second is the defective design of the product where a product may have been designed to be dangerous. The third involves the presentation of warnings on the product. It is essential that warnings be noted on the product to make the consumer aware of any potential side effects; for example, side effects of cigarettes.
What Are The Different Types Of Product Liability Claims?
1. Defective Manufacturing
The defective manufacturing of a product is one of the most common problems seen by attorney for product liability cases. An example of this could include the use of faulty machinery or tools by the manufacturer to create the product; thereby, resulting in a defective item that will lead to an injury. When claiming for faulty manufacturing, it is important that a person can indicate a direct link between with the item’s defectiveness, the injury, and the manufacturer.
2. Faulty Design
Contrary to popular belief, the presence of a faulty design is not similar to the manufacturing of the item. Unlike manufacturing, the danger associated with faulty design is not identified until the product is on the market. It is only at this point that the design defect becomes noticeable when the individual uses the product.
3. Failure To Provide Warnings
The final type of product liability lawsuit claim is the failure to provide warnings on the product. If the manufacturer fails to warn the consumer of any dangers the item could present, this can increase the risk of injury to the individual. A failure to warn can include anything ranging from the inadequate warning on a medicine label to absence of warnings on cigarette cartons. Claims in this category will only be possible if there is an injury and the injury would have been avoided with the presence of a warning label.
What Are The Reasons For Pursuing A Claim?
Serious injuries caused by defective products affect various areas of an individual’s life including one’s health, the ability to work and one’s lifestyle. Furthermore, it can have a detrimental effect on a person’s finances. Fortunately, the product liability lawsuit against either a manufacturer or distributor can help a person receive compensation. Below is some information on the different reasons why a person would pursue a product liability lawsuit.
1. Medical Bills
As is mentioned above, experiencing injuries as a result of defective products can be detrimental to your financial situation. One of the reasons for this negative financial issue is the presentation of medical bills. Unfortunately, not all medical aid policies cover these types of injuries; therefore, expensive medical fees related to hospital fees, surgery, prescriptions, emergency room treatment, and medical equipment may need to be paid out-of-pocket. By claiming for compensation, it is possible to regain the lost money spent on medical bills.
2. Loss Of Income
When facing severe income, many people are unable to return to work for several works. While certain companies will provide payment for a ‘sick period,’ there are instances where a loss of income will be experienced. This could happen if the time needed to recover is longer than the sick period or if the person is self-employed.
In these situations, there will be a loss of wages and loss of future income. Furthermore, this loss of revenue influences additional areas of one’s life causing difficulty paying bills. By claiming for compensation, it is possible to regain the lost income.
3. Emotional Suffering
Severe injuries can lead to both physical and emotional pain, which is not always considered by professionals. Individuals experiencing emotional damage will often visit psychologists to help ease their pain, but this can be an expensive activity. To help pay for the cost, it is possible to claim for compensation. Unfortunately, the entitlement to receive compensation or claim for these damages will depend on the severity of the injuries.
4. Wrongful Death
When a defective product results in the death of a loved one, it is possible for the family to claim for wrongful death. The claim can be conducted to obtain reimbursement for different expenses including medical bills, loss of income and emotional suffering.