HomeLawFiling a lawsuit against the manufacturer of a dangerous product

Filing a lawsuit against the manufacturer of a dangerous product

Though reputable companies are careful to avoid selling products that can cause health problems, there are many companies that are not so careful. Some companies know that their product can be harmful, yet they sell it anyway. Other companies may not have tested their product thoroughly, so they do not know about the potential harmful effects.

Companies that sell harmful products are liable to be sued by those who were harmed by their products. This is because such companies may have been negligent in putting these harmful products on the market. This allows people who have suffered due to harmful products to be compensated. Such cases often become class-action suits, which are best handled by an experienced lawyer.

See below for more info on suing a company that has harmed you with its products.

Product liability lawsuits

Manufacturers have a legal responsibility to produce products that are safe to use. When companies fail to live up to this responsibility by producing a dangerous or defective product, consumers have the legal right to file a lawsuit. There are three types of torts that may serve as the basis for a product liability suit:

  • Strict liability
  • Breach of warranty
  • Negligence

The majority of product liability lawsuits are based on a claim of negligence.

Suing a manufacturer for negligence

Companies that make harmful products may have been negligent in releasing the product to the public. To determine whether a company may have been negligent, it is important to consider the definition of negligence in civil law. This is what a judge will use when making a judgment on the case.

In civil law, negligence is defined as failing to exercise the level of caution that a reasonable manufacturer should exercise. This can be exemplified through a manufacturer’s actions or even the manufacturer’s failure to take certain actions. Manufacturers that are negligent are liable to be sued.

For example, a reasonable manufacturer would test their product thoroughly before putting it on the market. This would enable the company to ensure that the product is not dangerous and does not cause health problems. 

Joining a class-action suit is more effective than filing suit as an individual

If a manufacturer has released a dangerous or defective product, it is only a matter of time before the evidence shows that the product is harmful. When this happens, it is likely that many people will file lawsuits. In this situation, it is common for the lawsuits to be combined into a single class-action suit. This is primarily done to reduce the strain on the judicial system that would result from thousands of identical lawsuits.

Class-action lawsuits are more likely to result in a quick settlement. This is because these classes have more bargaining power than a single plaintiff. Also, class-action suits often attract a great deal of media attention. Manufacturers often settle these suits quickly to limit negative publicity. 

As such, joining a class action is the best course of action if you want to sue a manufacturer for a defective product. For example, joining a class action is best if you want to sue if your uterine cancer was caused by chemical hair relaxers.

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