What determines a product liability case?

Product liability laws govern cases involving injuries from defective or dangerous products. If a consumer is injured by a product, he or she may file a product liability claim to determine which parties should be held legally responsible. Legal responsibility for the defect may be attributed to any party within the distribution chain, including the product or component manufacturers, installers, wholesalers, and retail establishments.

The basis for a product liability claim is the legal requirement that a product must meet a consumer's ordinary expectations, including the expectation of safety. If the product in questions does, in fact, possess an unexpected defect or pose a danger to consumers, that product has failed to meet the ordinary expectations of the consumer, and those in the distribution chain may be held legally responsible.

Product liability claims are adjudicated based on laws enacted in each individual state, as there are no applicable federal laws. Although details vary slightly in each state, most product liability claims are initiated under theories such as breach of warranty or negligence. Most states also have legal restrictions for warranties that are based on the Uniform Commercial Code and may affect product liability claims.

When discussing product liability claims in Oklahoma, it is important to understand that while any type of product may be the subject of a claim, the majority of cases belong to certain categories. Pharmaceuticals and medical devices, baby products, industrial equipment, and vehicles are some of the most common product liability cases for a Lawton lawyer filed on behalf of an individual or a group.

Should you file a claim?

If you feel that a defective or dangerous product has harmed you or a member of your family, you may be able to file a product liability claim. The best course of action is to contact an attorney who specializes in product liability law in your state. He or she can discuss your situation and help you determine whether filing a product liability claim would be appropriate.