What is Product Liability?

Product liability refers to legal cases in which a person has been injured or killed by a product that is defective or unreasonably dangerous. You may have heard of such products as the result of government recalls. But just because a product hasn’t been recalled doesn’t mean it’s safe; any dangerous/defective product that doesn’t meet what’s called “the ordinary expectations of the consumer” can result in a lawsuit.

Product liability laws vary from state to state and generally cover tangible consumer goods that you can buy in a store or online. But product liability laws may also cover such items as real estate and utilities or even pets.

In some cases, you only have to prove that the product was defective. In other cases, you must prove that the defect was caused by negligence on the part of some person or company within the distribution chain—this could be the product designer, the manufacturer, a marketing company, a shipping company, a wholesaler or a retailer.

Defendants in these cases may argue that the injured party has not provided enough evidence of liability. Or that the injured party misused or altered the product, or failed to heed clear warnings about risks of using the product.

Product liability court cases often hinge on complex technical data about a product, and how it was handled from design to delivery. That’s where an experienced product liability attorney can make all the difference. Call The Cochran Firm Mid-South today at 901-523-1222 for a free consultation.