What is a product liability lawsuit?
A product liability lawsuit is a legal action brought against a business or manufacturer for the sale and distribution of an item that caused harm or injury to a person. In South Dakota, if a product is deemed to be defective and causes injury to a person, the injured party may file a lawsuit against the manufacturer, distributor, and/or retailer. Product liability lawsuits fall under the purview of Dangerous Products Law. These laws make sure that companies are held accountable for their products and that consumers are protected from potentially dangerous products. The law requires that companies are held strictly liable for any damages caused by their products, regardless of how careful the companies are in marketing and selling them. In a product liability lawsuit, the injured party may be seeking compensation for any medical bills, lost wages, future treatment costs, as well as pain and suffering. The injured party can also be seeking punitive damages if the company’s negligence was grossly negligent or intentional. The court will also consider the type of product involved, how long it has been on the market, and the defect that caused the harm. The burden of proof rests on the injured party to demonstrate that the harm was caused by a defective product as opposed to any sort of personal negligence on their part.
Related FAQs
What is a breach of warranty defense?What is the Restatement Second of Torts?
What are the components of a product liability warning label?
Can I receive compensation if my injury is caused by a defective product?
What is a product liability warning label?
What is a “failure to repair” defense to a product liability claim?
Who can be held liable in a product liability case?
Can a seller or distributor of a product be held liable for product defects?
What is a failure to warn claim?
What is a “product misuse” defense to a product liability claim?
Related Blog Posts
What Is The Scope of Dangerous Products Law? - July 31, 2023How Can a Lawyer Help Me With a Dangerous Product Lawsuit? - August 7, 2023
What Are the Most Common Dangerous Product Lawsuits? - August 14, 2023
Understanding Product Liability and Negligence in Dangerous Products Law - August 21, 2023
Defending Against Dangerous Products Law Claims - August 28, 2023