Product Liability FAQs

Cubbon and Associates handles claims involving product liability.  These claims seek to recover compensation for personal injury or death caused by a product, which is any object that constitutes personal property and is intended for commercial or personal use.

There are many laws and legal theories that regulate product liability claims.  Therefore, you should contact our law firm if you have been injured by a product.  We can evaluate the facts of your case and determine whether a product liability claim exists.

Statute of Limitations

Generally, the statute of limitations for product liability claims is two years from the date the product injured the person.  You should, however, rely on the personal advice of an attorney who has listened to the facts of your case before determining the appropriate statute of limitations for all potential claims.  The scope of this informational page cannot include all unique circumstances which an attorney will consider in determining the appropriate statute of limitations and is not intended to do so.

Call us and we will be happy to discuss the Statute of Limitations that applies to your case.

FAQ’s

Who can be held liable for an injury caused by a product?
Manufacturers and suppliers of the product can be held liable.  A manufacturer is a person engaged in a business to design, produce, create, construct or assemble a product.  A supplier is a person that, in the course of business conducted for that purpose, sells, distributes, prepares, packages, labels, or otherwise participates in placing the product in the stream of commerce

I have been injured by a product.  Do I have a product liability claim?
Not necessarily.  Manufacturers are only liable for defects in their products.  The mere fact that an accident and/or injury occurred is not enough to establish that the product was defective.  Manufacturers are not insurers of their products, so they have no obligation to make accident-proof products.

When is a manufacturer liable for a product that has injured me?
In order for a manufacturer to be held liable, you must prove that the product was either:

  1. defective in manufacture or construction
  2. defective in design or formulation
  3. defective due to inadequate warning or construction
  4. defective because of non-conformity with a specific representation

How do I prove that the product that injured me was defective?
A defect in a product is usually proved through expert testimony in a product liability case.  An expert is a person who is qualified to testify on the safety of a particular product.