How Liability is Determined in a Product Liability Claim
When a person is injured by a defective product and that person files a lawsuit against the manufacturer of the product, it is known as a product liability claim. Although many don’t realize it, product liability claims are some of the most complicated personal injury claims that exist, involving several different legal theories and types of evidence.
If you’ve been injured by a defective product and are thinking about a product liability claim, it’s important that you learn about these suits and what they entail. Read about the issues involved in a product liability claim and find out why you should hire an injury lawyer for help with your case.
One Case, Several Legal Theories
When planning your product liability claim, you need to be aware that several legal theories may be applicable. For example, if you were injured because a product did not include a warning label or was manufactured with a defect, you can use multiple legal theories in your case. However, you will need to choose whether you’re suing based on strict liability theory or negligence.
Strict Liability
If you’re planning a product liability claim based on strict liability, there a variety of factors that you will need to prove.
- You will need to show that the product was made available with either a dangerous defect or a lack of warning label.
- You must prove that the manufacturer intended their product to be bought without any changes to the product.
- It must be demonstrated that the product caused an injury.
Using Negligence
If you choose a negligence based suit, there are four critical elements you will need to demonstrate.
- You must show that you were owed a duty of care.
- You must show that the defendant failed to uphold this duty of care.
- After you’ve established those facts, you should be able to demonstrate that the breach of duty was the main cause of your injury.
- It must be proven that you actually suffered an injury.
Breach of Warranty and Fraud
It may also be possible to file a product liability claim based on breach of warranty. In these cases, you will need to prove a warranty applied to the product, whether implied or express and that the product you received did not fulfill the terms of the warrant.
You could also file a claim based on fraud for a defective product. Primarily, you will need to prove that the manufacturer made claims about their product that were untrue and that they knew were untrue. You will also need to show that manufacturer misrepresented their product in order to make a sale and that you were damaged by this misrepresentation.
Talk to an Injury Lawyer About Your Case
Before filing a product liability lawsuit, it’s important to get advice from an experienced injury lawyer like the type you’ll find at The Law Offices of Peter N. Davis & Associates, LLC.
One of our attorneys can examine your case and tell you which legal theory best applies to your product liability claim. Request an appointment with us today and get the legal representation that you need and deserve.
Ask a Question,
Describe Your Situation,
Request A Free Case Review
Fill out the form below or feel free to call us at (973) 279-7246(973) 279-7246
Required Fields*
Your Information Is Safe With Us
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
What Our Clients Are Saying About Us!
Real Clients and Real Reviews
I had a very positive experience with the Law Offices of Peter N. Davis & Associates. Nick Barrone handled my case, and I couldn’t be happier with the level of service I received. After my auto accident in Jersey City, NJ, I was dealing with ongoing back and neck pain and wasn’t sure what to expect from the legal process. Nick was professional, attentive, and always made sure I understood each step along the way. He took the time to answer my questions and genuinely cared about my situation. I felt supported throughout the entire process, which made a stressful situation much easier to handle. The firm worked diligently on my behalf and kept me informed the whole time. I truly appreciate their dedication and effort in helping me through this difficult experience. I highly recommend them to anyone in need of a reliable and compassionate attorney.
I highly recommend Peter Davis & Associates. In particular, Mr. David Ventoso, Esq. did an excellent job helping and assisting me. Mr. Ventoso was knowledgeable, professional and responsive.
All the staff members at the firm took the time to explain every detail and step of the process; they answered all my questions and were always kind. Special thanks to Ms. Carolyn for doing an amazing job.
If you're looking for an attorney in NJ who is trustworthy and really cares, Peter Davis & Associates is an excellent choice.
I highly recommend the Law Offices of Peter N. Davis.
After I was rear-ended in a car accident and suffered injuries to my neck and back, they provided outstanding representation during a very difficult time in my life.
My attorney, Robert Russotti, and my case manager, Muminah Ramadan, were professional, compassionate, and attentive throughout the entire process. They helped me obtain the medical treatment I needed and were always available to answer my questions and address any concerns I had. Their diligence, communication, and dedication gave me peace of mind while I focused on my recovery.
I am truly grateful for the support and guidance they provided during my hardship. I would not hesitate to recommend the Law Offices of Peter N. Davis to my family and friends.
Thank you so much for your help.
I want to especially thank David Ventoso for always informing me what was going on with my case. He kept up with all my questions and answered every time I called him.
Awesome staff also
Thank you again
Angela Selby
In 2023 I was involved in a T bone accident, the injuries was severe and I knew I'll need an experienced Injury law firm to take the case and to help me get the best outcome.
I therefore called Peter N Davis and Associates. Within a few hours I had a representative at my door for interview and intake.
I've never regretted making that call, because they recommended me to a capable and reputable Healthcare Institution for my treatment.
I've had several procedures and surgeries.
They're help me navigate the difficult road of getting treatment and dealing with my case.
We've not done yet but I like their service so far.
The staff at the Law offices of Peter N Davis and Associates are experienced who have empathy and passion. They have a very good work ethics from the phone operators, Case management, Paralegals, Case lawyers and all.
Mr. Davis is very personable,
a problem solver he's down-to-earth
