On some occasions, purchased products are defective, which potentially introduces danger to consumers. Manufacturers and sellers undergo multiple checkpoints to avoid this, but despite testing, there is still a chance that products fail to work properly. An improperly functioning product is called a defective product, which has either a design defect, or is fault because of inadequate instructions or warnings. A product is in a defective condition if it is unreasonably dangerous to the user or the consumer who purchases the product, and causes physical harm. Although any product may be defective, common types of defective products include car defects, children’s products, medical devices, household appliances, chemicals and cleaning products, and contaminated food. If you become injured by a defective product, you will be asking what damages do product liability cases cover.
In order to examine this questions, the regulations set by product liability insurance are discussed. Product liability insurance protects a company against claims or lawsuits, that may arise from products that a company has manufactured or sold. Product liability insurance covers a manufacturer’s or seller’s liability for bodily injury or property damage sustained by a third party, caused from a defective product.
The types of claims filed for a defective product include:
Manufacturing or production flaw: the claimant alleges that some phase of the production process created a defect in the final product, causing the product to be hazardous.
Design defect: The claimant claims that the product design is dangerous.
Defective warnings or instructions: The claimant claims that the seller did not provide adequate instructions on proper use of the product, or the seller failed to warn buyers of the product’s risks.
As with any personal injury case, the amount of compensation received varies, depending on the injuries, how the accident occurred, who is negligent, location of the accident, and more. Damages that may be compensated in a product liability case include compensatory damages, such as payment for medical expenses, loss of income, and pain and suffering. Additionally, plaintiffs may be awarded punitive damages and attorney’s fees. In some cases, a group of product liability claims may be consolidated into a class action lawsuit, when all plaintiffs have suffered similar injuries from the same product. If you become injured from what you believe is a defective product, immediately stop using the product and visit a doctor. Even the most minor injuries should be medically assessed, to insure you are physically okay, and medical documentation will help your case. The next step is to hire a personal injury attorney with experience in product liability. Hire an attorney who is eager to obtain compensation, and someone who explains the process thoroughly to you.
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