What is Product Liability Law?

Product liability laws were enacted by Congress to allow people to recover damages if they are harmed by a defective product. The laws are not only aimed at compensating the victims but they also allow the manufacturer to be punished for reckless behavior and require the company to make sure that the product is made safe or removed from the market.

The United States has consumer protection laws against distribution and manufacture of unsafe goods. When people are harmed because of defects in the product, damages can be recovered. The awards in some cases have totaled several million dollars.

The success of any product liability case will be based on proving that the manufacturer acted in a reckless manner. A worker in the manufacturing plant may not have performed their job properly, raising the safety risk. Designers of the product may have missed a potential safety concern or there could have been a flaw in the manufacturing process. Any one of these problems could be grounds for a lawsuit, even if the problem was not done intentionally.

It may be possible to hold several people or organizations responsible in product liability cases. From manufacturer to parts supplier and from distributor to seller, claims can be against any one or all of the parties. They could be ordered to pay damages equally or by the percentage that a jury believes they were responsible for the defective product. In addition to recovering compensatory damages to pay for medical costs and lost wages, a jury can also order punitive damages in a product liability case. Punitive damages can reach into the millions if it is determined that the company acted recklessly and without regard to safety. This was the case in many of the lawsuits brought against the tobacco companies over the sale of cigarettes.

If you think you have grounds to bring a product liability suit and want to learn more about defective products, you should consult with our Brooklyn, New York product liability attorneys.