Personal Injury Tips: The Products Liability Primer

The Products Liability Primer

“Accidents hurt — safety doesn’t.”

—Author unknown

Businesses and individuals have a legal responsibility to make and market products that are safe and effective when used as intended. However, defectively designed or manufactured products (or the company’s failure to warn of known defects) often result in personal injuries. This can apply to exploding “vape pens,” collapsing ladders, leaking breast implants, exploding tires, malfunctioning air bags and even dangerous pharmaceuticals. In order to be successful with you products liability negligence claim, it must be shown that the product which caused the injuries was unreasonably dangerous. In order to do this, four elements must be proven.

  1. You must show that as a result of the product, you have suffered an actual injury or a financial loss.
  2. Defect or Failure to Warn. You must be able to prove that the product was 1) defectively designed, 2) defectively manufactured or 3) that the manufacturer knew or should have known of risks and failed to warn you of the risks.
  3. Proximate Cause. You must show that the defect proximately caused the injury.
  4. Product Used as Intended. You must show that you were using the product as it was intended to be used or that it was used in a way that a reasonable person would use it.

If you believe you may have a products liability negligence claim, the best thing you can do is to call the Ticktin Law Group at (954) 570-6757 as soon as possible. By speaking with an experienced personal injury lawyer and going over all the facts of your particular claim, you will get a much better idea of what steps you should already be taking, what the best way is to proceed with your case and what compensation you may be entitled to.