Establishing Responsibility for Injuries Caused by Faulty Products

Thousands suffer injuries annually due to defective or hazardous products. Product liability law, designed to pinpoint who is accountable for these products, diverges from standard personal injury law and can sometimes simplify the process for a victim to collect damages.

Typically, proving liability for injuries entails showing someone's negligence. However, tracking a manufacturer's negligence in creating a defective product sold broadly is daunting and costly for an individual.

It's unrealistic for a consumer to confirm the retailer’s quality control or if they contributed to the product's defect post-production. Nor is it the consumer's duty to inspect each item for potential defects or risks before use.

To address these challenges, "strict liability" rules emerged. Under these rules, if you're harmed by a defective or unexpectedly dangerous product, you can seek damages from the manufacturer or retailer without proving negligence. If you've been injured by a consumer product, compensation may be your right from those who made or sold it to you.

While manufacturers of defective products are usually liable, retailers may not always be subject to a lawsuit. Strict liability against a retailer applies only if they frequently sell or rent that kind of product. A purchase from a flea market, garage sale, or general thrift store may not trigger strict liability.

No matter the safety measures a manufacturer or seller claims to follow, you can assert a strict liability claim and do not need to show manufacturer or seller negligence if:

1. The product harbored an "unreasonably dangerous" defect that harmed you, the user or consumer. The defect might result from its design, manufacturing process, or distribution.
2. You incurred the injury while using the product as intended.
3. The product was in nearly the same state as when first sold, meaning it hadn't been significantly altered to change its performance.

States have enacted deadlines for strict liability claims, restricting the time frame for holding a manufacturer or seller accountable, generally between six and 12 years from the product's initial sale. It's essential to verify the age of the product that caused your injury when considering a strict liability case.

Manufacturers and sellers can defend against strict liability claims if the consumer knew of the defect yet continued to use the product. If evidence suggests awareness of the fault prior to the accident, whether through the item's condition or use history, your right to pursue damages may be compromised.

The Flaxman Law Group is here to navigate the complex landscape of product liability claims. If you've been hurt by a faulty product, our skilled attorneys are dedicated to helping you secure the compensation you deserve. For a Free Accident Consultation, please contact us at 954-987-0099. We're committed to advocating for your rights and ensuring that justice is served.