What is the product liability process like?
Have you been injured because of a malfunctioning or defective product? Maybe you have sustained property damage due to a product liability matter. As consumers, we are entitled to a level of safety among the products in our lives. When something goes unreasonably wrong, therefore, we have civil liability rights.
A recent post on our California litigation blog began this discussion of product liability laws. As promised, this post delves into the details of the civil lawsuit process, such as time limits and the bases under which you might file a product liability claim.
What are the arguments behind product liability claims?
It is not enough to say, "This product hurt me. You are responsible for my loss." While that might be the simple root of a lawsuit, there are formal legal bases to cite in your case:
Defective design: Does the product pose more danger to a consumer than a benefit?
Manufacturing defect: Was the product constructed in a way that was unintended by the manufacturer? Was a product contaminated and a danger to users?
Lack of adequate warning or instructions: Did you get hurt because a manufacturer didn't list how to properly use the item or other important safety specifics? If it is normal, for example, for an item to explode after being plugged in for too long, a consumer should see that in print on the item or item instructions.
If you have been injured or suffered property damage due to any of the reasons above, you might have a valid personal injury case. It isn't just the argument, however, that makes a case valid.
Victims of faulty products need to file cases according to specific timelines. For cases involving injuries, you need to file the claim within two years of discovering the problem. If the damage was to property, a victim has three years to file upon discovering the source of the problem.
Do you have more questions about a product that has caused you or your property harm? Reach out to a personal injury attorney who can explain your rights and is comfortable defending your rights through a litigation process.