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What about ‘accidents’ resulting from defective products?
Other than tobacco companies, few manufacturers set off intentionally to create and sell an inherently dangerous product and conceal its dangers. Yet there are many products that do injure people, despite reputable manufacturer’s efforts to create good products, and all sorts of government regulations designed to make products safe and well labeled.
If you use a knife to slice a bagel, and cut your hand in the process, neither the manufacturer of the knife, nor the bagel bakery, will likely be held responsible. But if the knife snaps and injures you because of a defect in manufacture, the manufacturer and possibly the distributor and the store that sold it to you will be liable. Similarly if the bagel contains impurities that make you very ill, the bakery may be liable.
If the products do not meet the standards set by the government, or if required government clearance of a product (such as a new drug) was obtained by suppressing negative test results, there will clearly be liability on the part of the manufacturer. A product liability lawyer can assess the facts and circumstances, and also candidly evaluate what a likely recovery might be. |
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Should I try to settle with the other person’s insurance company?
How do insurance adjusters work on car accidents?
Are different types of accidents treated differently?
What if the ‘accident’ involves intentional wrongdoing?
Suppose the accident involves an inherently dangerous activity?
What about ‘reckless’ conduct?
What about accidents occurring from plain old negligence or carelessness?
Suppose the accident is ‘all my fault’?
What about ‘accidents’ that result from an ‘act of god’?
What about ‘accidents’ resulting from defective products?
If I go to a circus knowing that wild animals are there, or to a baseball game and get hit by a foul ball, do I ‘assume the risk’?
As ‘accidents happen’ why are lawyers involved?
Do people need a lawyer for all accidents?
Do I have to pay the lawyer in an accident case up front?
If I am in an accident do I have to speak to the other side’s insurance company?
I injured somebody in a car accident. The insurance company refused to settle within my policy limits, and the jury awarded damages in excess of my policy limits. Must I pay the excess?
While driving next to a golf course that had no fencing, my car’s window was cracked by a golf ball. The course manager claims no responsibility and told me the person who hit the ball is liable (but is impossible to find). Can I sue the owner of the golf course?
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