America’s product liability laws provide legal options for people harmed by defective products. A person injured by a poorly manufactured or improperly designed item can ask for compensation under one of the several theories. However, most claimants attempt recovery under the strict liability theory. Only where all elements are not met will a claimant’s attorney use the theories of fraudulent misrepresentation, negligence or warranty breach. All a plaintiff must do is prove that the product caused their injuries, and that the product was defective at the time of sale. Once the fact is established, the manufacturer must prove why it shouldn’t be held liable.
Liable Entities And Potential Claimants
However, not everyone injured by a product can file a lawsuit under the strict liability doctrine. For a Product Liability Lawyer in Beaver Dam WI to bring a successful claim, it must have been predicted that a reasonable person in the plaintiff’s circumstances could be hurt by the product. Foreseeable injuries are not limited to the person who purchased the product; bystanders could bring claims as well. If a person is hurt in a scenario that no one could have predicted, the suit will not succeed.
Establishing Defects
The foundation of a successful product liability case is proving that a defect made a product dangerous. To help in understanding this element, consider the defect in light of the responsibilities imposed on sellers and manufacturers by law. Products must be designed to be safe, and if a plaintiff can prove that an alternate design is feasible and available, the product causing the injury is said to be defective.
Other Liability Theories
While most cases are tried under the strict liability doctrine, there are other ways for victims to gain compensation. Entities involved in product distribution can be held liable if their careless actions caused a plaintiff’s injuries. Products can be covered by implied or express warranties, and breaches can form the basis of a lawsuit.
Choosing A Product Liability Lawyer
Litigation of a product liability lawsuit requires the skill to explain product defects in easily understandable terms, and it requires the ability to decipher technical data. If injured by a defective product, Visit the website of QBS Law S.C. to choose a Product Liability Lawyer in Beaver Dam WI.
