PRODUCT LIABILITY/DEFECT

Product liability refers to the legal responsibility of a manufacturer or seller for
injuries or damages caused by their product. This liability can arise from defects in
a product's design, manufacturing, or marketing.

Three types of product defects can lead to liability:

Design defects occur when a product is inherently unsafe due to its design.

Manufacturing defects: These occur when a product is made incorrectly or with
substandard materials.

Marketing defects: These occur when a product is marketed or labeled
incorrectly, leading to improper use or injury.

The manufacturer, distributor, retailer, or any other party in the chain of
distribution can be held liable in a product liability case. Liability depends on the
role each party played in bringing the product to market.

The burden of proof in a product liability case rests on the plaintiff, who must
prove that the product was defective and caused their injuries. The plaintiff must
also prove that they were using the product as intended, or in a way that could
reasonably have been anticipated by the manufacturer.

Damages that can be recovered in a product liability case include medical
expenses, lost wages, pain and suffering, and in some cases, punitive damages.
The amount of damages awarded depends on the severity of the injuries and the
degree of fault on the part of the defendant.

If you think you have a product liability claim, you should consult with an
attorney who specializes in this area of law. They can evaluate your case and
advise you on your legal options.

The statute of limitations for product liability claims varies by state, but is
typically between two and three years from the date of the injury. It’s important to consult with an attorney as soon as possible to ensure that you don't miss any
deadlines for filing your claim.