Experience with Personal Injury and Product Liability

Ended up in a situation lately where I was consulting for a company that had created a product several years ago. This product has now become a burden due to a personal injury lawsuit. Looking through a local site in Huntsville on personal injury law, I found out a thing or two. Before you need a personal injury attorney or lawyer, look over as much information on product liability as you can find.  If you have a product that is available to the public, you can be held responsible for any injuries that product may cause. Claims most commonly associated with product liability are negligence, failure to warn, strict liability, breach of warranty, and consumer protection claims. Some simple examples:

Strict Liability – Associated with damages because of an unsafe product.  The court only examines the product and not if the manufacturer took all precautions to make sure the product was safe for use.

Some states have liability laws to protect other parties along the supply chain from fraudulent claims.

Negligence – Failure by the manufacturer to ensure the product does not injure or harm the intended user. Many cases involve the manufacturer’s failure to provide ordinary care which is ensuring the product is of sound design, has no manufacturing defects, and has passed an inspection.

Manufacturing Defects – Normally manufacturers are not liable for product related accidents or injuries unless the product has a defect that can be traced back to the manufacturing process.