Product Liability
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:
- defective in manufacture or construction
- defective in design or formulation
- defective due to inadequate warning or construction
- 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.