Every year thousands of people are either injured or killed in the United States due to a defective product. Many companies will issue a recall for the product when they become aware of a dangerous defect. However, not all companies will take the initiative to remove the product from the retail market.
The purpose of a products liability suit is twofold. The first and foremost purpose is to compensate the person for any injuries that were sustained due to the dangerous product. Secondly, the lawsuit will encourage the company who manufactured and sold the product to issue a recall so that no one else will be injured.
There are several theories of liability in a products liability case. These theories include: (1) a manufacturing defect; (2) negligence; (3) failure to provide an inadequate warning; and (4) warranty. The manufacturer and sellers of the product will argue that the product was not defective and that the user of the product was the cause of the injury. This is why it is imperative for you to meet with an attorney as soon as possible to discuss your case and decide on a course of action.