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June 9, 2020

Who Can I File A Claim Against After Being Injured by a Product?

Every year thousands of consumers are injured by products at no fault of their own. Products with dangerous design flaws, defects, and lacking safety warnings have severely harmed people or, in some cases, caused their deaths. Everything from faulty car parts, unsafe ingredients in weed killer, or improper medication labeling has been found to be responsible for consumers’ injuries. After being injured by a dangerous product, many people choose to file a product liability lawsuit to reclaim losses caused by their injures, like loss of wages, medical bills, and pain & suffering. But many wonder: who can be held responsible for putting a dangerous product on the market and causing injuries? Below, we lay out who can be held responsible in a product liability lawsuit for injuries caused by a dangerous product.

RESPONSIBLE PARTIES IN A PRODUCT LIABILITY CASE

When a product is unsafe or unsafely marketed to consumers, typically the product’s manufacturers, distributors, or sellers can be held responsible for negligence. Essentially, any party or individual at some point of the product’s chain distribution could be liable for an individual’s injuries. This could include:

•             The product manufacturer;

•             A manufacturer of component parts of a dangerous product;

•             A party that assembles or installs the product;

•             The wholesaler or a retail store that sold the product to the consumer.

Any individual who could have been foreseeably injured by a defective product can pursue compensation for their injuries, so long as the product was sold to someone at some point. For example, thousands of veterans and active military members across the U.S. are filing product liability lawsuits against 3M Company for hearing injuries caused by their Dual-sided Combat Arms Earplugs. Allegations state the Combat Arms Earplugs were defective and 3M Company failed to disclose the design defect before selling them to the military.

In product liability cases, plaintiffs, or those claiming they were injured, do not need circumstantial evidence to prove that the defendant, the manufacturer or other negligent party, was negligent. The plaintiff only has to identify the defect or flaw that caused their injuries and prove they were injured. This process of identifying the product’s defect may include a pre-trail discovery process, but some product liability cases are exempt from this process.

While there isn't a federal product liability law, each state enforces unique laws to protect consumers covering liability, negligence, breaching warranty, etc. These laws ensure your right to pursue legal action in the event of being harmed or injured by a flawed product, so hiring an attorney experienced in product liability is crucial for your case. 

Have You Been Hurt by a Dangerous Product?

With dangerous products hurting thousands of individuals every year, manufacturers and distributors of these products need to be held responsible. Their negligence should not determine the outcome of your heath and livelihood, and fear of a manufacturer should never hold you back from reaching justice. Hiring an experienced product liability attorney is essential when filing a lawsuit over injuries caused by a defective product. Because there are no federal product liability laws, having an attorney knowledgeable in state-specific product liability laws is key to maximize your chances of recovering compensation for your injuries.

At AVA Law Group, we connect you with some of the best lawyers in the nation who are well-seasoned in fighting for the rights of injured consumers. Our team knows how to successfully defend your rights when battling corporation and insurers' legal teams. For your free case consultation, contact AVA Law Group today: We will review your case to determine if you are eligible to file a product liability claim and who is responsible for your injuries.

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ATTORNEY ADVERTISEMENT: Not available in all states, Andrew Van Arsdale, supervising attorney is licensed only in California, Montana and Nevada, but associates with attorneys throughout the country, Principal office: 3667 Voltaire Street, San Diego, California 92106. 

Consult a doctor on all medical decisions. Do not stop taking a prescribed medication without first consulting with your doctor. Discontinuing a prescribed medication without your doctor's advice can result in injury or death. No representation is made that the quality of the legal services performed is greater than the quality of the legal services performed by other lawyers. AVA Law Group, Inc. not accepting cases in states where this advertising conflicts with laws or state rules. Legal representation is not offered or available in Tennessee. While AVA Law Group, Inc. maintains joint responsibility, most cases are referred to other attorneys for principal responsibility.
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