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Products Liability:
Products liability actions allow Bellovin & Karnas' attorneys to make big business accountable to the average consumer by holding designers, manufacturers, and sellers liable for the harm suffered by buyers and users of defective products. A "defective product" can be nearly anything, from a poorly designed tricycle to a negligently crafted automobile seat. Product defects include flaws in the way a product is designed, manufactured, or marketed. Product liability actions can be prosecuted under a number of theories, including strict liability, breach of warranty, negligence, manufacturing and design defects, and breach of the duty to properly warn.
Frequently Asked Questions:
Can the sellers of dangerous/defective products be held responsible for the injuries they cause?
In many instances, yes. A "products liability" lawsuit may be brought by or on behalf of an individual injured or killed by a defective product against the manufacturer (and possibly the wholesalers, distributors and seller) of the defective product. Products liability lawsuits generally may involve several legal theories including negligence, "strict liability", and breach of warranty.
What must be proven in a "products liability" case?
Product liability cases may involve several legal theories, including negligence, "strict liability", and breach of warranty. Each of these theories has its own distinct elements that must be proven:
Negligence:
This theory of recovery focuses upon the product maker's conduct. To prevail, one must show that the maker of the product failed to use ordinary or reasonable care in designing, manufacturing, or selling the product, and that such failure on the part of the product maker was a cause of the injury to the person bringing the claim.
Strict Liability:
Under this theory of liability, the focus is upon the product itself rather than the conduct of the manufacturer or suppliers. Generally speaking, to prevail under this theory, one must show a defect in the design, manufacturing, or marketing of a product which made the product "unreasonably dangerous." It must further be shown that such defect was a cause of the injury to the person bringing the claim.
Breach of Warranty:
This legal theory focuses upon the substance of a warranty made by the manufacturer about its product. A warranty is essentially a promise by the manufacturer that its product will have certain characteristics or perform in a certain way. In certain instances, these warranties may be implied and need not be created expressly or in writing by the manufacturer. To prevail in a breach of warranty claim, one must show that the product did not live up to the promise or warranty made by its manufacturer, and as a result was a cause of the injury to the person bringing the claim.
Who might be held accountable for a dangerous product?
Depending upon the legal theories that are pursued, it may be possible to hold any entity in the product's chain of distribution responsible for the harm caused by the dangerous product. This could include the manufacturer of the product, the manufacturer of a defective component of the product, a distributor of the product, or the end-seller of the product.
What types of damages may be sought in a products liability lawsuit?
Generally speaking, one injured due to a defective product may seek compensation for medical expenses, physical pain and suffering, mental anguish, disfigurement, physical impairment, loss of earning capacity and property damage. In certain cases, one may also be entitled to seek punitive damages. A spouse or child of the victim may seek compensation for loss of consortium. In cases involving death, additional damages may be recoverable as well.
What if I am told I do not have a good case?
Determining whether or not one has a "good case" is not always an exact science. Because such determinations involve the professional judgment (based upon many factors and considerations) of attorneys, medical and other experts, it is recommended that you seek a "second opinion" from one or more qualified attorneys if told that your case is without merit.
How long will a case take?
There is simply no easy answer to this question. The vast majority of all cases, including product liability cases, are settled prior to trial. Some cases are settled prior to the filing of a lawsuit, while others are settled during litigation or even on the "steps of the courthouse" just before trial. A product liability case, if litigated to trial, could last a number of years. One who pursues a product liability case should understand from the outset that a quick resolution can never be guaranteed.
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