There are a lot of misconceptions about product liability cases. We often think each bizarre product warning is the direct result of an accident. Similarly, a lot of people don’t know who holds responsibility in a product liability case.
To help people understand some of the finer points of product liability, we’ve put together a few facts to consider the next time you encounter an unsafe product.
Truth in Advertising
If a product does not fulfill the purpose stated in its marketing material, it could fall under product liability. This is to ensure customers get the products desired and don’t suffer from false claims.
For example, if a customer with dietary restrictions bought a snack advertised as vegan and later discovered it contains animal products, they might have a product liability case.
The product manufacturer isn’t the only one responsible for the product’s safety. If a retailer knew about safety issues at the time of the sale, they might hold responsibility as well.
For example, if someone bought a car with recalled parts from a dealer and the dealer failed to inform the customer or replace the parts before the car went off the lot, they could be held partially liable in the event of an accident.
If you’ve ever seen a hairdryer in a hotel bathroom, you might have noticed an illustration showing that the hairdryer should not go in the bathtub. There’s a reason for that. Companies must have clear warnings and safety instructions on their products.
While people have died because of hair dryer-related accidents, including warnings, comes down to a case of clearly declaring the safety risks associated with the product. Failing to include those warnings, even if there’s never been a problem before, could open the company to a product liability case in the event of an accident.
Companies Fight Back
Even if someone suffers wrongful death because of a product, the company’s attorneys will fight to avoid a settlement. If the lawyers can’t reach a compromise, the case may even go to trial. If that happens, claimants must have an experienced product liability attorney representing their interests.
If you or someone you love suffered serious injuries or even wrongful death because of a defective product, you might have a case. If you’d like an experienced Mississippi product liability attorney from Kolker Law Firm to evaluate your case, please send us an email or call (314) 684-8285