Product Liability Lawsuits - Defects And Cause of Action
Most state laws require proof of a defect as a condition to sustain a product liability lawsuit.
Ordinarily, defective design, manufacture, safety features, or warnings may all form the basis of a product
liability lawsuit filed by consumers. Potential liable parties include designers, manufactures, wholesalers,
retailers, and any other interested parties who makes false representations, with an expectation of profit,
regarding a product's fitness for a particular purpose. Absent litigation, settlement offers for defective
products tend to be low because expert testimony is frequently necessary to prove the existence of an
unreasonably dangerous defect. Expert testimony tends to be costly, and unless the claim is based upon
serious bodily injury pursued by a well-funded plaintiff's litigation Law Firm, few claims are taken
seriously by potential defendants.
Consumer Rights In Product Liability Lawsuits
In addition to pursuing a private cause of action in civil court, consumers may enlist the help of state
and federal government agencies. Most state attorney general offices maintain a consumer fraud division. The
US Department of Commerce also maintains a consumer fraud division. After a consumer complaint is filed,
most agencies contact adverse parties, and if further action is warranted, may request reimbursement of
actual cost. In rare cases which impact an overriding public interest, government agencies may also pursue
product liability lawsuits against potential defendants without cost to injured parties.
See also: How plaintiffs and lawyers increase damage recoveries in product liability lawsuits and
settlements - lawyer search issues.
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