A product liability attorney is an excellent resource when filing a product liability lawsuit. They have knowledge and experience that you don’t. This means they can value your case and demand maximum compensation. This helps you avoid the tactics used by big law firms to get you to settle for less.
Cases Based On Strict Liability
Strict liability is a legal theory allowing a plaintiff to receive compensation if a product caused them to be injured or damaged. This theory eliminates the need for the plaintiff to show the defendant’s negligence or carelessness in manufacturing the product. Instead, the plaintiff needs to show that a defect in the product caused the injury. In most cases, strict liability is the most appropriate legal theory for a product liability lawsuit. Unlike negligence cases, Hassett & George, P.C. mentioned that strict liability claims are much easier to prove. However, it is essential to note that a negligence case can still be difficult to win since the plaintiff must show that the manufacturer lacked reasonable care.
Cases Based On Design Defects
Product liability law recognizes that defective designs can cause injury or death. These claims are not based on manufacturing errors but rather on the design of a product, which makes it more likely to cause injury than it should. They can also arise even if a product was manufactured to the manufacturer’s specifications. In these cases, the plaintiff argues that the product design was defective for its intended purpose. The manufacturer manufactured the product as intended, despite knowing that an alternate design would have been safer and allowed it to function more effectively. The plaintiff, however, used the product as intended and suffered an injury.
To succeed in a design defect case, a plaintiff must prove that the product was designed to be dangerous. This can be done by including warning labels on products that explain the potential dangers of misuse.
Cases Based On Alternative Dispute Resolution
Attorneys in the product liability field must be well-versed in the laws and regulations governing their practice area. They must also have extensive trial experience and be proficient in alternative dispute resolution. These methods include arbitration and mediation. A product liability attorney can help clients settle their cases by negotiating on their behalf. Alternative dispute resolution (ADR) is an excellent way to resolve disputes without a trial. These processes are less formal and less stressful than traditional court proceedings and can save both parties time and money. Additionally, these processes can often improve relationships between the parties involved. The advantages and disadvantages of ADR will depend on the case.
Statute Of Limitations For Product Liability Lawsuits
There are several ways that a person can file a product liability lawsuit. For instance, if a car brake system fails, you can file a lawsuit against the manufacturer for damages. The statute of limitations for such cases is two years from the date of the accident or injury. In some instances, however, the injury may not be apparent until months or years later. The timeframe for filing a product liability lawsuit varies by state. For example, in California, you must file a lawsuit two years from the date you discovered the injury. In many other states, the time limit is three years. For this reason, you should consult with a product liability attorney in California right away if a defective product injures you. Remember, the longer you wait to file, the less likely you will receive compensation. The statute of limitations for product liability lawsuits is a state-mandated law that sets a deadline for filing a lawsuit. For example, a product liability lawsuit in Massachusetts that asserts a negligence claim must be filed within three years of the injury. However, personal injury lawsuits can be filed outside of that time frame.