Product Liability

Serving the Entire State of Maine

Frequently Asked Questions

Q. What is product liability?

Manufacturers of products released to the public have certain responsibilities to ensure that their products are safe and contain proper instructions and warnings. Product liability laws may be applicable if use of such a product results in someone's injury or death.

Q. How do I know if I can sue for injuries I suspect were caused by a defective product?

Injuries resulting from the use of a defective product can involve product liability as well as other areas of the law, so there is no simple answer. A competent product liability attorney can help you determine if you have a worthwhile case.

For product liability laws to be applicable in a defective product case, generally three basic elements must be proven:

The product has to have been in a defective condition or have been reasonably dangerous for its intended use. This could be as a result of negligence in the design of the product, a manufacturing defect due to improper inspections or quality control, and/or improper instructions or warnings.
The product defect has to have existed prior to when it left the control of the manufacturer.
The defect had to have been the "proximate cause" (not necessarily the only cause) of the injury or death.

Q. Who can I sue for a defective product?

Any or all of the following parties may be liable if a defective product caused injury:

Those who designed the product
Those who manufactured the product
Those who sold the product
Those who serviced or repaired the product

Q. Can I sue successfully if the product contained a disclaimer?

That depends on whether the product was used as intended or in a way that could have reasonably been foreseen. In some cases, the manufacturer may have received information about malfunctions of its product and failed in its "post sale duty to warn". This may be determined if the manufacturer ignored its obligation to recall or retrofit the product or to include additional warnings before more injuries or deaths occurred.

Q. What damages can I recover in a defective product suit?

Damages may include:

Funeral expenses
Past or future medical expenses
Pain and emotional distress from the resulting disability or disfigurement
Diminished earning capacity

Your spouse may also recover for the loss of your care and services.

If you have any additional questions about product liability claims, or if you have been injured by a defective product, please contact the experienced product liability attorneys at Lowry & Associates to schedule an initial consultation.

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1.800.999.LEGAL (5342)