What happens when a product defect causes a person’s death?

When a product defect causes a person’s death, the family of the deceased may be able to file a wrongful death lawsuit against the responsible party. Under California law, it must be shown that the death was caused by another party’s negligence or recklessness, and that the death greatly impacted the family by causing financial hardship. Additionally, the fault must be established beyond a reasonable doubt. A wrongful death lawsuit can be filed against the manufacturer of the defective product, the retailer who sold it, or the distributor who supplied it. It can also be filed against a property owner who allowed a dangerous condition to exist, such as an icy path at a shopping mall. All of these parties may be held accountable for the death caused by a defective product. In cases of product defects resulting in death, the family of the deceased may also be able to seek compensation for punitive damages. Punitive damages are awarded to punish the defendant for their reckless behavior and to deter similar behavior in the future. This type of compensation is in addition to any damages awarded that are meant to cover medical and funeral costs, lost wages, and other economic losses suffered by the family of the deceased. It is important to contact an experienced attorney if you or a loved one has been adversely affected by a product defect, as the laws surrounding products liability litigation can be complex. Having legal representation can ensure that your family’s rights are protected, and that the negligent party is held accountable for their actions.

Related FAQs

What is the “risk-utility test”?
What is “implied warranty of merchantability”?
What is the difference between product liability and premises liability?
What are the different types of product liability actions?
What are the differences between design defect and manufacturing defect claims?
How does a company determine if a product design is safe?
How is a company’s financial responsibility determined in a product liability case?
What is a “manufacturing defect”?
How does a plaintiff prove causation in a design defect claim?
What is the economic loss doctrine?

What happens when a product defect causes a person’s death?

Related FAQs

Related Blog Posts