To ensure customers’ safety whenever they are using manufactured products, the product liability law was created. This law states that all manufacturers, designers, and other individuals part of the distribution chain are legally and morally responsible for the wellbeing and safety of their buyers. This means that providers of the products shouldn’t be doing anything to put their customers in harm’s way regardless of intention. Unfortunately, such injuries still occur, and product liability lawsuits are the result.
Have you been recently injured by a product? If so, you may be interested in carrying out a product liability lawsuit. However, before you do that, we want to share with you a few facts about the law that you must know. This is because the law can be quite complex, and understanding the various aspects of the law will allow you to be more successful in your efforts.
Carefully Consider the Strict Liability Rule
When carrying out a product liability lawsuit, you don’t have to prove the defendant’s negligence that led to your injury. However, you need to ensure that the product liability law in your state is under the strict liability rule. This rule states that the defendant will be liable for committing an action regardless of their mental state or intent. Unfortunately, this rule still isn’t simple. There are many exceptions and conditions to be aware of, so consult with an attorney for help.
The Statute of Limitations Applies to the Law
You can’t simply carry out a product liability lawsuit anytime you wish. This is because the statute of limitations also applies to the law. In other words, there is a time limit for filing the lawsuit, and once that time is up, you can’t file a lawsuit for the specific injury anymore. Keep in mind that the statute of limitations can differ from state to state, but the general period before you can no longer carry out a lawsuit is two years. Some can go for much longer, and some states have different criteria for when the time starts ticking. Once again, work with an attorney for the case, as they will help you understand whether you are eligible for the lawsuit.
Marketing Defects Also Counts Under the Law
While some may assume that product liability only applies to a manufacturing defect or a design defect, the law also applies to marketing defects. These defects include not providing the necessary warning signs when handling a product or mislabeling it. In other words, it is the mistakes in the marketing of a product, the failure to provide the necessary information, that leads to an injury that can act as grounds for a product liability lawsuit.
There are many other things you must be aware of when going through with a product liability lawsuit. This includes realizing that defendants can consist of more than just the manufacturer, understanding that there are some punitive damages that you can recover, and more. Regardless, through your efforts, we highly recommend that you reach out to an attorney to assist you. Work with a professional that is well versed with the product liability law in your state, and you will get to enjoy the highest chances of success to receive the damages you deserve.
MHM Firm boasts over 75 years of law experience, offering services in the Birmingham area to give their clients justice in state and federal courts. Contact us today if you are looking for a product liability attorney in Birmingham.