Product Liability Lawsuits – Guide To Help You Understand The Basic Features Of Product Liability Lawsuits

Product liability lawsuits are legal acts wherein the plaintiff (the plaintiff) brings forward a lawsuit against the manufacturers, retailers, and/or distributors of a particular product that harmed them by reason of a defective design, manufacturing, or selling of said product. These lawsuits arise due to the inability of the manufacturers to meet consumer requirements and requests for the products they make. There have been cases filed against big corporations that supplied products with serious defects that caused physical injury or even death.

These lawsuits arise from two main reasons.

First, there are those plaintiffs who have brought these lawsuits out of purely malicious motives. They have alleged that the manufacturers deliberately designed and manufactured their products with dangerous side effects so as to receive a higher profit margin. Other victims of this type of tort lawsuit are those who purchased products without fully understanding their true defects and only later learned that they could cause injuries or worse.

The second reason why many people bring such lawsuits is that the products they purchase were advertised as safe but were not.

For example, it may have been advertised that a certain model of an iPod would be safe for children but in reality it was found to be extremely dangerous to them. Likewise, it may have advertised that a car audio system would enhance a driver’s hearing but in reality it worsened his or her already impaired hearing. These products were found defective and injurious to the plaintiff’s rights when these were proven defective because of the conduct of the manufacturer. Product liability lawsuits can be levied against manufacturers of products that have been found defective or dangerous because of the way they have conducted their business.

In most instances, punitive damages will be awarded as compensatory damages against the manufacturer.

Commonly, however, the court will award compensatory damages in addition to punitive damages. This is done because the defendant failed to provide a safe product or provide a clear warning of the potential hazards of the product. When this happens, the victim has every right to seek damages from the other party through the courts.

As previously stated, there are two types of product liability lawsuits; compensatory and punitive damages.

Compensation awards will often times be quite large. In compensatory damages, the defendant will be ordered to pay medical expenses, property repairs, lost wages, pain and suffering, and in some instances even an amount for past and future medical care. Punitive damages, on the other hand, are awarded by the jury or judge after the fact. In these cases, the plaintiff must prove the wrongdoing of the defendant by clear and convincing evidence. Many claims involving such accusations are often settled out of court.

Some claims may also include the violation of some laws which requires strict liability, for example the wrongful manufacturing of a defective product.

In this type of lawsuit, plaintiffs must prove that a manufacturer violated a legal requirement and caused harm or injury to its consumers. In most cases, plaintiffs who win such lawsuits are often given financial compensation while those who lose will receive no damages. However, if the company manufacturing the product does not have enough financial resources to cover the legal costs, then the court may decide for them, instead. So, when you are faced with a product liability lawsuit, always remember that it is wise to get the help of an experienced lawyer so that your lawsuit against that manufacturer can be won without any difficulty.