Products liability arises when manufacturers, retailers, distributors, suppliers and others who make products available to the public are held accountable for the injuries those products cause.
To put it more simply, when a product causes injury because it was poorly designed, defective in manufacture, it is malfunctioned, or because it failed to live up to warranty claims about performance, the injured person may seek recovery against a range of defendants including all of whom played a role in placing the dangerous/defective product into the stream of commerce.
The victim has the right to file a product liability lawsuit to hold the manufacturer responsible, regardless of whether the injury was caused by a defectively designed, defectively manufactured, or defectively labeled product.
However, obtaining compensation in a product liability case can be daunting, as victims must show that they were using the product as directed, that the product was indeed defective, that they sustained injuries, and that the product’s defect was the direct cause of those injuries.
When you are injured by a product you deserve justice Contact at contact at 855-SCHWABA or aschwaba@schwabalaw.com to schedule an initial free consultation right away.
Why Choose Schwaba Law Firm?
At Schwaba Law Firm, we’re committed to standing up on behalf of injured consumers. Founding attorney Andrew J. Schwaba spent years as lead counsel in complex, multimillion-dollar litigation before founding our firm in 2010. Thomas P. Schwaba brings with him a legacy of innovation, having been the first lawyer to introduce evidence regarding post-traumatic stress disorder in a Wisconsin courtroom. He has won the largest verdicts in two counties in northeast Wisconsin and is a Fellow of the Wisconsin Law Foundation – an honor conferred on just 2 percent of Wisconsin State Bar members.
Our firm has considerable experience handling complicated product liability claims. For example, we have recovered $150,000 on behalf of a client who suffered burn injuries from using a defective gas grill. Here’s what one satisfied client said about working with us:
“Andrew and the team were great to work on. They took on a class-action case that grew in size and complexity…they stayed on top of things and won! They represented us very well and communicated back to us at all major milestones. Highly recommend Andrew and his team!” – Courtney Dusseau
Who Can Be Held Liable for Defective Products Injury?
You must demonstrate not only that a product defect exists, but that it also directly caused your injury, in order to file a product liability lawsuit, Depending on the type of defect, you may be able to collect compensation from the negligent party or parties responsible for the flaw. Liability for a product defect could rest with any party in the product’s chain of distribution, such as:
- The manufacturer;
- The distributor;
- A manufacturer of component parts;
- A party that assembles or installs the product;
- The wholesaler; and
- The retail store that sold the product to the consumer.
For strict liability to apply, the sale of a product must be made in the regular course of the supplier’s business. Thus, someone who sells a product at a garage sale would probably not be liable in a product liability action.
Frequently Asked Questions
How long do product liability cases take?
The duration of a given product liability case will depend on its complexity. As these cases are generally more complicated than slip-and-fall or car accident cases, you can expect them to take at least a year from start to finish.
How do product liability cases work?
Product liability cases generally involve the following steps:
- Investigating the product to determine whether it was inherently unsafe to use as intended and, if so, what made it that way
- Calculating the fair value of the claim based on the injuries the product caused
- Determining whether other individuals were also harmed as a result of the defect and
- Sending demand letters to the product’s manufacturer and other potentially liable parties
- Resolving jurisdictional issues about where to bring the case
- Negotiating for an out-of-court settlement with the liable parties when appropriate
- Litigating the case in court if a trial becomes the best way to secure maximum compensation
What Does a Product Liability Lawyer Do?
If you bought a product that caused you to become sick or injured, consulting with a product liability lawyer can give you some insight into how strong of a case you have or whether you should take your case to court.
If you and your product liability lawyer can prove each element of your case, then you may receive compensation through an insurance settlement or a jury verdict in your case.
This compensation should cover your:
- Medical Expenses
- Lost Wages
- Lost Earning Capacity
- Physical Pain
- Mental Anguish
- Physical Limitations
- Disfigurement
- Property Damage
We service personal injury clients in, as well as many other areas throughout North Carolina and Michigan, including:
- Charlotte
- Davidson
- Huntersville
- Mooresville
- Menominee
Contact Our Team for a Free Case Evaluation Today!
After any situation involving a dangerous or defective product, you should speak with an experienced attorney who will evaluate your case to ensure that your legal rights are fully assessed and protected. Not only can a product liability lawyer help level the playing field during negotiations or in the courtroom, he can also obtain expert witnesses such as scientists or doctors to testify on his client’s behalf if the case actually goes to trial.
An attorney can explain what you can expect at every step of your personal injury case, and will take action on your behalf — researching the law, interviewing witnesses, collecting records, conferring with expert consultants, planning legal strategy, and negotiating with insurers and opposing counsel — all with an eye toward strengthening your position and ensuring your fair recovery.
Seasoned product liability lawyers from the Schwaba Law Firm have been helping clients in Michigan, North Carolina and around the country. Give us a call at 855-SCHWABA or aschwaba@schwabalaw.com to learn what we can do for you.
