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What is the legal basis for most of the current lawsuits Negligence Product liability or breach of contract?
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∙ 16y ago
negligence
Wiki User
∙ 16y ago
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What does product liability insurance protect a business?
It provides liability coverage for claims, lawsuits, judgements and legal defense cost for the insured in the event that your product injures or kills some body.
In a product liability tort lawsuit is the manufacturer automatically liable for all injuries caused by their product even if the injury was caused by ridiculous and unreasonable misuse?
No, not automatically. Depending upon where the injury occurs, there may be "strict liability" or the victim may have to prove "negligence".On the issue of mis-use: the question may go into what is the expectable mis-use, say, where a medicine is "known" to treat conditions not on the label. If there is a negligence standard, it is possible to defend by showing contributory (or comparative) negligence by the victim. If there is strict liability, the manufacturer is liable for any injuries caused by the product which would not have otherwise occurred (had the product never been sold).If a product was not used according to the directions on its package or instruction manual, then the product manfacturer would not be liable for the injuries.
What historical antecedent to consumer protection occurred in the 1950s?
a significant breakthrough occurred with the establishment of the product-liability concept, whereby a plaintiff did not have to prove negligence but only had to prove that a defective product caused an injury
Do attorneys have product liability?
An attorney can be sued for malpractice if the client believes that their attorney has performed poorly during a case. This has its risks as the client has to prove that there was severe negligence or malicious intent by their attorney.
Class action settlement?
Class action settlements benefit a group of people. They can be for a variety of reasons and there are a variety of types of class action lawsuits. Perhaps the most common types of product liability cases.
What type of attorney typically handle product liability claims?
The type of attorney that handles product liability claims is acatually a product liability attorney!
How to Choose a Product Liability Lawyer?
Product liability law involves consumer lawsuits over products which have:manufacturing defectdesign defectFailure to warn the defectProduct liability often involves retail items. However, it extends to anything that can be sold. When it refers to a design defect, it means that the design of the product makes it dangerous when it is used as intended. A manufacturing defect occurs in the manufacturing process which often involves the use of poor quality materialsA Product liability lawyer plays two roles:He prevents his clients from being sued andenables clients to react to lawsuits and provides and exit strategy.Assists the victim to file a claimandobtain from the negligent party or parties the just compensation for his/her product liability claims.In both cases it is important to choose a lawyer who has experience with product liability cases.A good product liability lawyer will help you assess the situation and ably represent you. These are the requisites to look for in a product liability lawyer:He should have a proper understanding and experience dealing with product liability claimsHe should be able to describe the claim processHe should have the knowledge and understanding of the importance of complying with meeting labeling requirementsHe should be current with information regarding recent casesHe should be familiar with avoiding common mistakesHe should be thorough with defense strategies.Must be able to describe in detail alternative dispute resolutionsMust be aware of recent changes in product liability law.Product liability cases are often expensive, time consuming and difficult. The lawyer that you choose should be experienced in product liability cases and have enough resources to properly evaluate and bring out the case to a success. As you will be relying on your product liability lawyer to represent you and help you get compensated or avoid severe penalties. It is always a good idea to research well and meet with several lawyers, explain your situation and converse with them so that you will have an understanding of their expertise.
What is the statute of limitations in ny?
The statute of limitations in New York for negligence is three years-with the discovery rule for exposure to toxic substances, two and a half years with medical malpractice, and two years for product liability.
Recovery for Injuries Caused by Dangerous Products?
Recovering compensation for an injury resulting from a defective or dangerous product is easier in most cases. Special rules and theory apply to product liability law that does not apply to other types of liability. The primary rules for recovery include strict liability, negligence and tortuous misrepresentation. An injured person can use one or more of these theories to base a recovery argument for a dangerous products case. Dangerous Products: Strict Liability Strict liability allows an injured person to recover compensation from the manufacturer or seller of an unexpectedly dangerous product without having to prove negligence. Ordinarily, negligence has to be proven in order to hold an individual or manufacturer liable for injuries. It is difficult for an individual to prove carelessness of a manufacturer for products that are sold to the public. Proving that the seller of the product properly checked defectiveness is also difficult. However, a strict liability claim can be made regardless to what a manufacturer or seller says it did. Dangerous Products: Negligence A central part of products liability law is the tort of negligence. Five basic elements must be proven under the theory of negligence. A duty is owed to the plaintiff by the manufacturer. A breach of duty to the plaintiff occurred by the manufacturer. The plaintiff's injury was caused by the breach of duty. The proximate cause of injury was a breach of duty. The negligent act resulted in actual damages suffered by the plaintiff. Manufacturers are required by law to exercise a standard of care as experts in manufacturing products. However, proof of failing to exercise proper standard of care does not automatically mean an injured person will recover damages. Proof is required that except for the negligence of the manufacturer injuries would not have occurred and the manufacturer foresaw the risks during production. Dangerous Products: Tortious Misrepresentation The basis for recovery in a tortious misrepresentation case depends on false communication regarding a dangerous product. Recovery is possible when injuries result from relying on the information. There are three basic forms of tortious misrepresentation. Fraudulent misrepresentation – or deceit – is committed when a false statement is made about a product intended to mislead the public. Negligent misrepresentation is also made when a statement is made without due diligence in establishing that the statement about the product was true. In some jurisdictions, a public statement about a product's safety is subject to strict liability.
The doctrine of strict liability only applies to abnormally dangerous activity?
No, the doctrine of strict liability can apply to a variety of other situations beyond just abnormally dangerous activity. These may include certain product liability cases, activities involving animals, and some cases of harmful conduct or behavior. In strict liability cases, the defendant can be held liable for damages without having to prove negligence or intent.
Product Liability Lawyers are in the News?
Product liability lawyers are getting a lot of attention these days. Due to recent product defect accidents that involve SUA (sudden unwanted acceleration) by various models of Toyota and Lexus vehicles, there has been a lot of publicity about product liability, product defects and lawsuits that follow. Under product liability and personal injury laws, damages can be claimed for accidents that occur due to product defects or failures. Usually the problem needs to be traced back to exactly who is liable for the error or defect. This might be a manufacturer who supplies a part, the producer who used the part, the person who made the part, or any number of others. A product liability lawyer investigates the accident to track back liability for the accident. Product liability lawyers are personal injury lawyers who handle these types of lawsuits. Under tort law, if a person is injured or killed due to the negligence of another human being, the injured party or their survivors may file damage claims to recover compensation for losses. Losses and damages may include things like medical bills, hospital bills, therapy fees, special equipment that is now needed for that person, lost wages, lost benefits, property damage and future damages. The product liability lawyers will consult with expert witnesses to calculate future damages. These claims might be for loss of future income, loss of future inheritance, long term health care, future medical bills and other things that will cost the injured party. These are damage claims for expenses and losses that the injured party would not have endured or incurred, except for the accident. Experts are also called in to look at damaged products, to determine what and where failures occurred. These experts may be engineers, physicians or others who can relate product failure to bodily harm. It is interesting to follow some of these widely publicized cases. They are making the public aware of what accidents may result due to a product defect or failure. Product liability lawyers are in the news today. They are getting some publicity themselves, as people learn yet another way a great lawyer can be of assistance for injury accident victims.
What type of attorneys handle product liability questions?
Personal injury attorneys specialize in the area of product liability. They are the appropriate type of attorney to contact with any questions related to product liability.
