Product Liability and Personal Injury
Picture you purchase a new treadmill the first day of the year, in order to exercise regularly, eat healthy, and lose weight. The first time you use your new treadmill, the machine stops abruptly, causing you to halt running and fall off of the treadmill. To brace your fall, you put out your wrists, placing your body weight on your wrists, causing them to bend and break. You also suffer from additional injuries, due to the abrupt fall. This situation provides a vivid picture of the relationship of product liability and personal injury. The product, which is the treadmill in this case, was defective and caused harm unexpectedly. If you experience an injury due to a faulty product, you have the right to take legal action. The following key factors discuss product liability and personal injury.
The law is in your favor
Product liability discusses suppliers, distributors, retailers, manufacturers, and others who enable the availability of products to the general public. Furthermore, these enablers are responsible for the safety of the product. When a product fails and causes harm, four claims are commonly associated with product liability:
- Consumer protection claims
- Breach of warranty
- Strict Liability
Each type of liability claim requires that specific factors are proven, before the claim can be successful. Additionally, your product liability claim must meet the requirements for compensation under the legal concept “strict liability”. Strict liability deems the product manufacturer liable, without requiring you to prove negligence of the manufacturer.
In order to claim a strict liability, you must prove:
- the product possesses an “unreasonably dangerous” hazard that harmed you
- the defect caused injury during proper use of the product
- the product had not been modified from the condition in which it was sold
In addition to bodily harm
In addition to physical harm that is caused from defective products, personal injury also entails emotional damages. If you become injured from a faulty product, and strict liability is present in your case, the following parties may be held liable for your injuries:
- the business where you rented or purchased the product
- the business where you were supplied with the product to use on the business’s premises
- the product manufacturer
Losses aside from bodily harm include anxiety, stress, grief, and pain and suffering that result from a faulty product accident. This information, along with other information, will provide some clarification if you become harmed from the use of a defective product. If you are injured from a faulty product, call a personal injury attorney to discuss obtaining the compensation you deserve. When hiring an attorney, look for an attorney with experience in defective products, and someone who keeps you informed throughout the legal process.
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