Thousands of product liability claims are filed in the United States every year. Many are high-profile cases that involve serious physical harm to individuals. Others entail a defective product that damages property or the economic interests of a business that uses it.
They all have something in common: a faulty product results in losses to an individual or business. If you’re wondering if you can sue for a faulty product where no physical injury has occurred, the short answer is, “It depends.”
In short, there must be some type of “damages” resulting from a defective product. But “damages” does not necessarily mean physical injury.
The information below explains how this works. Keep reading to find out whether you have a reasonable product liability claim.
What Is Product Liability?
Product liability refers to the responsibility of manufacturers to ensure their products are safe to use. If they fail to do so and a consumer is harmed, that person can sue the producer for the “damages” the defective product caused.
Types of Liability
There are different categories of liability. One is where there is a defect in the manufacturing process that results in a faulty product. For example, a manufacturer can also be liable if the product is made as intended but the product’s design is defective.
A third category involves inadequate or inaccurate labeling of a product that leads to injury or another type of loss. A good example is an electrical appliance without a warning to avoid contact with water.
There are other examples. For instance, a manufacturer that fails to adequately describe the intended uses or limits of equipment, tools, or machinery, is liable for damages. These can include physical harm to your property (e.g., home, lawn, other equipment), as well as damage to your business’s reputation.
Types of Damages
The most common type of damages are those related to physical injury. But even in those cases, you can seek damages related to other types of loss. These include medical bills, loss of wages, loss of earning potential, or pain and suffering.
There can be other types of damages from faulty products beyond personal injury. For instance, if a product causes damage to your property, you can seek compensation. Economic damages occur when you lose business because a product or component failed to perform as advertised or intended.
Get Help From a Legal Expert
Note that we have not sought to provide an exhaustive list of what damages you can recoup. That is because there are not any hard and fast categories or limits to them.
The best thing you can do is to get legal help in determining the validity of your defective product lawsuit that does not involve physical injury. A prominent, experienced attorney can help you determine if you should file a claim. They also can advise you on how to proceed with the case to ensure the best possible outcome.
Find Defective Product Representation Near You
Now that you know whether you can file a lawsuit for a defective product that does not cause injury, you can better determine the right course forward. Remember that “damages” does not require personal harm. You have the right to seek compensation for any property, economic, or other type of loss you suffer due to a defective product.
At Newsome Melton, our team of product liability experts can help you determine the viability of your claim. We can navigate your case through the complex litigation process and are willing to go up against even the biggest, deep-pocketed opponents. Contact us today for a free consultation to discuss your case.