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What constitutes a valid products liability claim?

Thousands of Americans suffer serious injuries or are killed on an annual basis as a result of using either dangerous or defective products.

When a product is released on the market, the seller, distributor and manufacturer are, in effect, sending a message to the consumer. It lets them know that they have every reason to believe that the product meets their ordinary expectations. This essentially means that they believe that a product is free from any potential danger. It's because of this that they become liable for any injuries that a product defect may cause from that point onward.

In most jurisdictions, a product liability injury claim can be filed by anyone injured by a particular product, even if he or she didn't purchase it him or herself. It needs only to have been bought by someone.

Additionally, an injury lawsuit can be filed against anyone along the product's distribution chain. This means that the company that manufactures component parts can be sued, as can its installer or the one who assembles it. Its designer, wholesaler and retailer can all be sued as well.

It may even be possible for a marketing or ad agency to be sued if a product was marketed to the wrong demographic or it was not labeled as potentially hazardous as it should have been.

When it comes to proving a product liability case, the onus falls on the defendants to prove that they weren't negligent in causing the plaintiff's injuries.

In jurisdictions in which strict liability is the doctrine that applies, neither one of the parties is required to assume fault. In cases such as this, a plaintiff needs only to demonstrate that the product was defective in order to be able to recover any damages for injuries he or she may have suffered.

If you or a loved one has suffered a serious injury after using a dangerous, defective or poorly designed toy, piece of furniture or device, then a Detroit attorney can advise you of your rights in your case.

Source: FindLaw, "What is Product Liability?," accessed March 22, 2018

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