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How empowered are injury victims in product liability cases?

On Behalf of | Nov 6, 2020 | Personal injury

Legions of individuals adversely affected by injuries linked with use of a defective product might believe that they lack the ability to demand accountability from parties responsible for their pain and suffering. Moreover, they might perceive their ability to secure meaningful financial compensation in an injury’s wake as being extremely limited.

Those views are understandable. Makers and marketers of products are often big and powerful entities, and negligent parties and other wrongdoers often quickly deny culpability and seek to shield themselves from liability.

Individuals and their loved ones across Southern Illinois and elsewhere whose lives are upended by injuries tied to dangerous products should know this, though: They are far from powerless to act vigorously and effectively when third parties’ acts or omissions contribute centrally to serious product-tied injuries.

In fact, their close consultation with a proven and empathetic personal injury legal team can help them invoke the protection of laws that provide for powerful remedies against misconduct.

Defective product injuries: Who can be held responsible?

It might not seem immediately clear following a product-linked injury who is legally responsible for its occurrence. A product perhaps exploded. A power tool malfunctioned. A child’s toy containing a latent defect proved injurious. A motor vehicle, construction machinery or farm/industrial equipment unexpectedly imperiled it user. Who can be held accountable for such results?

The answer will differ in a given case, of course. It should be noted, though, that the cast of culpable parties in a product liability case can be diffuse and diverse. That fact is prominently stressed in an in-depth online overview of defective products and injury claims, which states that, “Liability for a product defect can rest with any party in the product’s chain of distribution.”

That includes parties such as these:

  • Maker of the product (and designers as well)
  • Maker of component parts/elements
  • Product assemblers
  • Wholesale and retail entities
  • Product marketers (especially re faulty labeling or use warnings)

A legal claim might spotlight a single defendant or perhaps several different entities whose negligence collectively yielded an injury that reasonably should never have occurred.

An additionally key point in defective product cases is that proving negligence is sometimes not even required. Some products are potentially so dangerous that defendants are simply held to a “strict liability” standard.

 Effective claimant strategy in a product liability matter

It is imperative for an injured party to move proactively and with dispatch in a defective product case. Doing so can help to conclusively establish the key facts surrounding what actually happened and the injuries that resulted.

A legal remedy in a product liability case can be broadly meaningful for an injured party and affected family members. It can ensure accountability and have a future-based deterrent factor important for public safety. And, importantly, it can ensure maximum compensation applicable to broad-based needs.