Losing your loved one can be hard enough already. Throw in the fact that a product might have caused it, and the entire situation can be extremely overwhelming.
Every product that comes into the market needs to be 100% safe for all the consumers to use, no matter what kind of an item it is. That is why you might have a wrongful death claim if a product was defective because of its design, assembly, marketing, or another area.
Even though most of the products that people generally file this claim may be technology related, this category includes almost everything.
What Is Product Liability?
This particular area of the law deals with all cases that involve a defective or unsafe product of any nature. That can be food, tech, health care, legal drugs, or anything else.
Under the law, any party that had even the smallest involvement in any stage can be held liable. That is why it can often be challenging to find out who to sue.
However, the involved parties generally include designers, manufacturers, wholesalers, retailers, marketers, and advertisers.
If the product causes illness or injuries, then you can file a product liability lawsuit. But for the death of a loved one, you can file for wrongful death under the product liability law.
Filing a Wrongful Death Due To Product Liability Lawsuit
Generally, there are many different ways for a defective product to cause death. That is why the cases in this category of the law are divided into three separate sections.
But to properly understand your case and go through it, you will need the help of an experienced legal firm like the likes of raphaelsonlaw.com
1. Negligence
Under the negligence theory, a party could be held responsible for the wrongful death if they didn’t act as a reasonable party should have in that situation.
For instance, the manufacturer of a product used a material that saves them money instead of using the best item for that function.
But you will still need to provide evidence that shows the party is guilty of negligence, which is not easy without a good lawyer.
2. Strict Liability
In the case of strict liability, you can sue a party that was involved in selling the defective product, regardless of how aware they were of its flawed nature. That basically means they should’ve known better.
For instance, if there is a fault in the designs of a product and the designers claim that it’s the best one they could have come up with, they can still be sued. Why? Because safer designs were available, they were just not aware of them.
3. Breach of Warranty
Breach of warranty applies when a party misguides the consumers on the use of the product, or they are misrepresenting their items.
For instance, your loved one bought something that an ad said it would be perfect for. But when they tried it, the product caused their death.
Dangers Connected with Defective Products
We are sure that explanations from the above don’t say the full story. Because of that, we would like to give you some additional pieces of information. The product defects can come in different shapes and sizes. We will highlight some most common dangers related to the product defects that can cause injury or even death.
Toy as a Defective product
Toys are one of the most common items that can cause certain injuries. It happens many times that toys break up in smaller parts. Those small parts suddenly become a choking hazard. The defect of that type might seem not too dangerous. Unfortunately, it happened many times they caused injuries that required immediate medical attention.
Before purchasing a toy, parents should check the current warnings. More precisely, they will easily see in the instructions that certain toys are inappropriate for certain age groups. The purpose of purchasing a toy is to improve the education of your child and making his free time more entertaining. Because of that, we recommend you be careful and keep your child safe.
Household Appliances as Defective Products
We all watch TV or read news blogs on the Internet. You can hear many times that electrical appliances caused damage in certain neighborhoods. In most cases, the wiring caused a fire and the scenario like that usually doesn’t end as we hope.
Logically, living without household appliances is not possible. Because of that, we would like to highlight some of them that can potentially cause the accident. For instance, toasters, toaster ovens, and hair dryers are usually the reason why this sort of accident happens. We recommend you carefully read the features of the products that you purchase. Despite that, you must find a reliable shop when deciding to purchase those items.
Medicines as Defective Products
The environment we all live in is unhealthy. Many internal and external factors negatively influence our overall health. Because of that, older people usually consume some medicines that are keeping their health under control.
As you know, buying medicines without a prescription can be dangerous. Only a small group of medicines can be sold without a prescription. However, those medicines went through strict testing that confirmed their safeness.
Drug manufacturers mustn’t ignore the side effects of the products they are producing. Because of that, they have to inform potential consumers about the side effects the particular medicine can cause. If that is not the case, then you have a legal right to sue the medical company.
