As a business person in the manufacturing industry, product liability litigation is a real risk. Once you have released your products to the market, you have little if any control over their effects on consumers. That said, you need to be in the know of what would happen if anything goes wrong. Product liability litigation happens when consumers file a case against the producer of a product because of the effect the product has had on them.
Let’s start by viewing this matter from the general legal picture of American law. The following post explains how this works:
Product liability law in the United States, which is largely a function of state law, is well developed in most states, but is fluid and continues to adapt and respond to developing trends and theories. For example, abuses of the product liability laws in particular areas such as asbestos claims and pharmaceutical litigation have led to reform of procedural rules, like class actions, and other tort reforms in various states, such as caps on damage awards. These measures have reduced the number of these types of product claims. Read more at Getting The Deal Through…
It would be unwise not to familiarize yourself with the laws governing product liability as a producer. Since the laws keep changing due to development realities, you also need to keep abreast with these changes.
Now, when it comes to a particular product liability case, what should you expect? The following post explains it in detail:
Generally, in order to file a lawsuit in the United States, a plaintiff must plead the essential facts to make a prima facie case under whichever theories of liability he or she is proceeding. That pleading takes the form of a complaint, which must be served on defendant(s) in the manner required by the local rules where the case is filed. Perfecting service of the complaint on defendant(s) initiates the lawsuit. In order for a court to take up a product liability claim, it must have both personal and subject matter jurisdiction. Read more at Lexology…
If by any chance you are faced with a supposed product liability lawsuit, it is not valid if it has not gone through the stated procedure. A competent lawyer should be able to notice any inconsistencies in the lawsuit.
However, if a valid lawsuit has been filed against you or your company, there are several grounds on which it could be made. The following post explains them in detail:
What Types of Product Liability Are There?
Products liability may be proven using three different types of defective product theories. Understanding these types of product liability theories can help you understand if you have a case or not. They include:
Warning defects: The product lacked sufficient warning labels or instructions, and these defects caused the plaintiff’s injuries.
Manufacturing defect: The product was defect in the way that it was manufactured or produced. This usually refers to a product that is designed properly, but was individually manufactured in a wrong way.
Design defect: Here, the injuries resulted from defects related to the way the product was designed. Design defects have the potential for injuring large groups of consumers, and they are often latent. Read more at Legal Match…
Any product liability lawsuit can be unnerving since it has the potential to ruin your business and its reputation. Should you ever be in such a situation, it is critical to work with a competent lawyer.
At Meek Law Firm, we have a team of competent lawyers who can handle your case professionally and help you to recover the peace of mind you need to continue with business. Call attorney Jonathan Meek today at (704) 848-6335, or fill out the contact form on our website to get started.