Raskin & Kremins, LLP
How Product Liability Laws Help You as a Consumer
As American consumers, we have a right to expect that the products we purchase will not harm us. So why are there so many product recalls and hundreds of thousands of product liability lawsuits filed every year by consumers who are injured by the products they buy?
The fact is, sometimes manufacturers are careless – either in the way a product is designed, the way it is manufactured, or in the instructions or warnings they issue on how the product is to be used.
If a product has injured you or someone you know, there are laws to protect you, and to provide you with just compensation for your injury.
There are three ways that a product can be found to be dangerous:
- Design: If the product was designed with a flaw or defect.
- Manufacture: If the product was manufactured incorrectly, thus making it dangerous.
- Failure to warn: If the product does not carry proper warnings or instructions and the subsequent use of the product is dangerous.
To be able to prove a product liability claim, you must demonstrate:
Injury or loss. You must be able to prove that you suffered an injury or monetary loss.
Product defect. You must be able to prove that the product causing the injury or damage was defective.
The product defect caused your injury. You must be able to prove that the defect caused your injury or loss.
The product was used correctly. You must be able to prove that you used the product as specified by the manufacturer, or in a way that is reasonable to expect a consumer would use it.
Product liability law is not just about money; it also encourages manufacturers to be extra vigilant in protecting consumer safety.