Product manufacturers have a duty to ensure their products are safe for use as directed. If they fail this duty, they may be liable for the injuries and losses their products caused. If you or your family were injured due to a defective product, you might be entitled to seek significant compensation.
Three Main Types of Product Liability
When toys, automobiles, or other products cause injury to consumers because of a failure, defect, or because the manufacturer failed to warn about a hazard or danger, injured victims may seek redress. There are three main types of product liability lawsuits:
- Defective Manufacturing – a mistake or problem in the manufacturing or assembly of the product.
- Defective Design – a flaw in the design of the product that makes it unreasonably dangerous for use as directed as it creates a hazard for its users.
- Failure to Warn – failing to provide adequate warnings on a product label to alert consumers of the potential risks associated with the use of the product.
If you are injured by a product that was defectively designed or manufactured, or if a product posed a danger that was not warned of, there are laws that enable you to seek recovery of financial losses and physical, emotional, and mental pain and injury.
Elements of a Product Liability Case
Per Puerto Rico Civil Code 31 P.R. Laws Ann. 5141, anyone who causes injury or loss to another person through negligence or fault will be held accountable for the damage done. But the victim will need to prove four elements of a product liability case before damages can be awarded:
- You suffered an injury or loss as a result of using the product, and
- You were using the product as intended, and
- The product was defective in its design, manufacture, or labeling, and
- The defect caused your injury.
If you can prove these elements, you may be entitled to recover financial compensation for the damages you have suffered. These damages may include:
- Current and expected medical costs
- Rehabilitation or therapy expenses
- Lost wages and missed work
- Physical pain and emotional anguish
Basically, these damages are intended to make you financially whole again. However, you must be aware that you only have a specific amount of time to bring your case. This time limit starts at the moment of injury or loss and stops exactly one year later. Once this time limit is passed, you will no longer be entitled to seek damages for your injuries.
If You’ve Suffered Injury Due to a Defective Product, We Can Help
If you have been injured or suffered loss due to defective products or merchandise, you may be entitled to seek compensation for damages. Manufacturers have a duty to ensure their products are safe and work as intended. If they fail that duty, victims may be eligible to seek significant financial compensation for the injuries they suffer due to that product.
If you or your loved one suffered injury due to a defective product, contact us today. We protect the rights of the injured and fight to ensure that you receive the maximum compensation available by law for your injuries and losses. Contact us now to learn more.
