Although the words “product liability case” are often spoken in referral to defective and dangerous products, some individuals may be confused about exactly what these cases entail. Generally, product liability cases arise when property has been damaged or an individual has been injured by a product that is defective or dangerous. The products in these types of cases can range from a vehicle to medical equipment to an infant stroller, typically something that was made by a company. If a product that falls under this description causes an individual or property damage, then the individual has the right to pursue compensation in a product liability claim.
Product Liability Versus Personal Injury Essentially, product liability is a subcategory under Oklahoma personal injury, which is also known as tort law. Just like other personal injury lawsuits, product liability lawsuits require the victim to prove: They suffered injury or property has been damaged; and The defendant was at fault for the injury or damage. While most personal injury cases rely on negligence as the cause of action, here are several theories that can be pursued under product liability. For example, a plaintiff in a product liability may argue under the theory of strict liability, among others. Strict Liability Defined The strict liability theory is a plaintiff remedy that differs from basic negligence. It requires less proof from the plaintiff, in general. In a strict liability lawsuit, the victim must only prove that the defendant was either the manufacturer of the product or was part of the supply chain for the product. In many cases, unlike most personal injury cases, product liability cases allow victims to pursue several defendants in the supply chain for the product in order to recover compensation for their injuries. Recoverable Damages The recoverable damages in product liability cases are the same as personal injury cases. This means that victims can recover medical expenses, both past and present, loss of income, disfigurement, and scarring, and pain and suffering. If the company or manufacturer was aware of the danger the product posed, a plaintiff may also be able to recover punitive damages, as well. Just like with other personal injury cases, there are statutes of limitations that victims need to be aware of. With product liability, there may also be time limits that are related to the date of manufacture. If you have been injured by a product in Oklahoma, you need to act quickly. Contact the law offices of Frasier, Frasier & Hickman, LLP at 918-779-3658 to get the ball rolling today.