January 22, 2016
How Is Product Liability Different from Other Personal Injury Claims?
Category: Products Liability | Author: | Share:
At Price Waicukauski Joven & Catlin, LLC, our attorneys regularly represent clients who have been injured by defective products. We also represent clients who have been injured in accidents caused by other people’s negligence. While these may sound like similar types of cases (and, to be sure, some cases may involve both dangerous products and negligence), there are actually fundamental differences between defective product and other types of personal injury claims.
Defective Product Claims Are Governed by the Rule of Strict Liability
The differences between defective product claims (also known as product liability claims) and other types of personal injury claims lie in the way that injury victims establish the responsible party’s financial liability.
Defective product claims are subject to a rule known as “strict liability.” In strict liability cases, victims do not need to be able to prove that someone made a mistake or was otherwise at fault in causing their injuries. Instead, it is enough to show that:
- The product was defective,
- You were using the product as intended,
- You suffered an injury, and
- Your injury was caused by the product defect.
Typically, the first requirement will be the most challenging to prove. Manufacturers and sellers will fight tooth and nail to avoid having their products labeled as defective. However, with the right evidence – and the right legal representation – you can recover just compensation for injuries caused by product defects.
Other Personal Injury Claims Are Governed by the Law of Negligence
In contrast to the strict liability rule for product defects, other personal injury claims are subject to the law of negligence. This means that in order to recover compensation for your losses, you will need to be able to prove that someone else was at fault in causing your injuries. In legal terms, you must be able to show that someone “breached a duty of care,” and that this breach led to your harm.
The most common example of a negligence-based personal injury claim is a claim for injuries sustained in an auto accident. All drivers owe a duty to exercise reasonable care on the road. If a driver breaches this duty – say, by texting behind the wheel – and causes a collision, as a victim, you would generally be entitled to compensation for your medical bills and other losses.
Note that, if your airbag malfunctioned after you were hit by a distracted driver, you could have both a personal injury claim against the driver and a product liability claim against your vehicle seller and manufacturer. To secure maximum compensation, you will want to make sure that you file claims against all of the parties responsible for your losses.
Price Waicukauski Joven & Catlin, LLC | Indianapolis Product Liability Attorneys
If you have been injured in an accident and believe that a defective product or someone else’s negligence may be to blame, we invite you to schedule a free, no-obligation consultation with one of our attorneys. Call (800) 905-2856 or send us a message online to find out if you may be entitled to financial compensation.