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What are the three types of product liability lawsuits?

On Behalf of | Dec 3, 2021 | Products Liability

We never expect a product to hurt us, but it can happen. When consumers get an injury from a product, they can file a legal claim against the manufacturer or seller to get compensation for their injuries. There are three different ways a product can harm a person. All of them give way to a legal lawsuit, but they are different in nature.

Manufacturer’s mistake

Manufacturing errors are one of the most common causes of product injuries. A manufacturing error occurs when something goes wrong at the factory where they make the product, and then this error causes a consumer to get hurt. When this happens, the injured consumer has the right to ask the manufacturer for compensation. However, the consumer must prove they used the product as intended and did not make any alterations to the product.

Dangerous product design

A product can be well manufactured and still cause harm to the consumer if its design is flawed or ineffective. When a product’s design is inherently unsafe, the consumer has the right to sue if they get injuries because of it. To successfully win a lawsuit for a defective design, the consumer must prove that they used the product as intended and that another alternative design could have prevented the harm.

Incomplete instructions or warnings

A consumer can also sue the seller or manufacturer if they got injuries because the product lacked instructions for its use or did not come with proper safety warnings. The manufacturer has a duty of informing their customers how to use the product. If they fail to do this, they can be held liable in court if someone gets hurt due to their negligence. To hold them responsible, the injured customer has to prove that they used the product in a reasonable way.

A victim’s rightful compensation

If you got an injury from a product because it had a defective part, design or instructions, you could hold the manufacturer responsible for their mistakes. In Virginia, you have a maximum of 2 years after the date of the injury to file a legal claim against them. If you don’t do it within this time, you may lose your right to your lawful compensation.

Fighting back

You have the right to file a lawsuit against a manufacturer or seller if their defective product caused your injuries. If you win the lawsuit, the party at fault will have to compensate you for your medical expenses, lost wages, and suffering. This is your right as a consumer in Virginia, and you can fight for it in court.