What Is Products Liability?
Not All Defects Are Obvious
Most people understand that a product that blows up and causes death or serious burns is a clear case for a product liability lawsuit. However, many people don’t realize that the courts may hold manufacturers liable for less obvious defects and damages.
Reasonable Use
Manufacturers are required to design and build their products for safe use and operation under reasonable conditions. In other words, if a consumer was injured while using a power tool in a reasonable manner and for its intended purpose, the manufacturer may be held liable for paying compensation, even if the injured person was not following very specific instructions or warnings. The products are supposed to be tested for safe use under reasonable conditions.
Less Obvious Product Liability Cases
In many injury and wrongful death cases involving a defective product, there are several parties who share liability for damages. This is often the case with accidents involving industrial equipment and products. The courts may determine that multiple parties share a percentage of the liability for damages. These parties can include the manufacturer who overlooked a design flaw, the contracted installation company that did not follow specific installation instructions for installing the equipment and training the operators, and the maintenance subcontractors who failed to recognize and remedy a recognizable defect.
Determining Liability — Product Liability Cases Are Often Two Cases
In a personal injury case involving a defective product, determining who is liable for damages may be complicated. For example, a person injured when part of a store ceiling fell or a shelf collapsed may seek damages from the property owner under a premises liability claim. Upon thorough investigation, however, it may be determined that the ceiling construction materials deteriorated unusually quickly or the shelving units were not designed to be structurally sound. The property owner may rightfully deny full liability because of unforeseen product defects that led to the accident. An experienced personal injury litigation attorney will have the knowledge and resources to investigate the full extent of damages from either or both parties.
Talk To A Lawyer About Your Case
If you have suffered an injury or lost a loved one in an accident involving a defective product anywhere in northwestern Georgia or southeastern Tennessee, talk to an attorney at McCamy, Phillips, Tuggle & Fordham, LLP. Call us at 706-508-4292 or contact us by email to arrange a consultation with one of our experienced Dalton personal injury lawyers today.
