Product Liability Claims

Product liability claims involve defective or unsafe products. Manufacturers, wholesalers, and retailers of products can be liable for injuries and damages stemming from defective products. These products can include food, drugs, real estate, and virtually all consumer products. Product liability claims often are a question of strict liability, meaning that if the product is defective and that defect caused the injury, the injured user may sue for damages if the product was used as it was meant to be used. A claim can also arise if the injury happened when the product was being used in a reasonably foreseeable manner, even if not the intended manner.

Questions of negligence and breach of warranty are also grounds for a claim for damages under product liability. In the case of negligence, if it can be shown that a company was negligent in testing its product adequately or in supplying directions for its use, the injured party probably has grounds for filing suit. Similarly, a manufacturer implies a warranty for fitness of use and freedom from defect when an item is sold. If the item proves to be defective, or is unfit for the purpose intended, an injured user can file a product liability case.

Typically, a claim for product liability will involve a failure to warn about foreseeable dangers, design defects, or manufacturing defects.

In all cases of product liability, the consumer needs to take reasonable steps to keep the product and paperwork intact for the claim to have a reasonable chance of success.

If you have been physically or financially injured or lost a loved one due to someone else’s actions, please submit the online questionnaire or call Norton Frickey P.C. at (719) 634-6450. We will discuss your case with you initially free of charge, and if we agree to handle your case, we will do it without you having to pay our fees unless you recover money.

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