1-800-606-3350
devider
KPM law


Personal Injury/Product Liability  

Unique Elements of a Product Liability Case

The elements associated with a product liability case are very different compared to those of any other legal case.  The law differs highly in product liability.  Since products are warranty based, product liability cases vary from a negligence case.  In the field of law, negligence is defined as the failure to act as a responsibly prudent person.  However, negligence is not always reflected in a product liability case.  A personal injury attorney representing your case should thoroughly explain these specific elements to you.  

There is much more research and legwork required by a personal injury attorney representing a product liability case.  There are not only people involved in the case, but products.  Product liability also involves the manufacturers, engineers and distributors of that product.  All persons involved with the manufacturing, selling and distribution of the product at fault are implicated in a product liability case.  

Take for example an accidental misuse of a tube of glue.  The silver seal underneath the cap did not puncture properly when attempted by the user.  In turn, the person held it close to his face, as to better see why this was occurring.  The person kept squeezing the tube until it eventually punctured under pressure and glue entered his eye.  While you might think this was negligence on his part, the incident became a product liability case taken on by a personal injury attorney.  The case was centered on the fact that there was a faulty seal on the tube of glue.  

The key element in a product liability case is to keep the evidence.  The evidence in the case involving glue was not only a severe eye injury endured by the victim, but the actual tube of glue.  Any personal injury attorney will tell you that you have no case if you dispose of the evidence.  

The foundation of the case is judged by the warranty on the product in question.  In a product liability case, the product, and its industry standards drive the case.  In addition, the product expert also drives the case. When a product is the subject of misuse, the manufacturer has to represent the company and product.  The defendant’s testimony in a product liability case is entirely expert driven.  Manufacturers, patent-holders and engineers are oftentimes those that testify as the defendant. A personal injury attorney and the injured party are the representatives on the plaintiff side.  

The case structure is also based on the age of the person hurt by the product.  If you believe you have a product liability case, a personal injury attorney will explain that there are age ranges for capability and negligence associated with the injured party.  Meaning if an infant is injured, it’s definitely a more serious case, but less likely to involve compensation of damages because a child is not deemed capable, thus likely acted with negligence.  On the other hand, an adult is likely to receive more compensation since no negligence is involved in their misuse of the product, like the case involving the glue.

personal injury contact us