When buying a new product, the last thing in your mind is that it may malfunction and cause inconvenience. Unfortunately, all products made by humans can malfunction, and when that happens, especially when the product is in use, the user may be seriously injured.
According to the law in Alaska, you can file legal action against the manufacturer of a malfunctioning product if you believe they’re responsible for your (loss) damages. You should contact top lawyers in Anchorage, AK, for a review of your case and a free initial consultation.
FAQs Related to Defective Product Lawsuits
Have you recently been injured by a malfunctioning product, and are you considering filing a defective product lawsuit? Here are the questions you need to ask yourself before you file legal action:
1. What is a Defective Product?
A product can be said to be defective if it has a faulty design (the way it has been manufactured) or if it has potential risks and the packaging doesn’t include a warning of inherent dangers. A competent product liability lawyer can quickly review your case and determine whether you qualify to file a defective product lawsuit.
2. Who Bears Responsibility for a Defective product?
A product liability claim can be brought against different categories of people, including designers, manufacturers, importers, modifiers, sellers, and distributors. You’ll need your lawyer to help you determine the responsible party for the defective.
3. Can You Sue for a Defective Product?
There are different types of claims related to defective products, including:
· Negligence;
· Breach of warranty; and
· Strict liability.
The manufacturer is usually liable under the strict liability code for defective products. Strict liability can be applied to defects in manufacturing, design, and inadequate warnings. The product liability lawyers at Crowson Law will analyze and evaluate your product liability claims and advise you on the best course of action.
4. What does product liability Mean?
Product liability refers to the responsibility that may exist thanks to a design defect or failure to warn users of the potential risk of a product.
5. How can you Prove Product Liability?
Under Alaska’s manufacturer’s liability doctrine, the plaintiff must prove the defendant’s guilt. This means demonstrating that the product in question was defective and that such a defect could cause injuries or loss to end users.
Under Alaska product liability laws, plaintiffs must also prove that:
- The defective product caused injuries;
- The product posed a danger at the time of designing, manufacturing, or selling;
- The defective product had not been altered when it reached the end user/consumer, as required;
- The product was used for the intended purpose and in the right way; and
- The product’s features were not significantly altered.
Product liability lawyers possess the right skills to handle different product liability claims related to:
- Consumer products;
- Pharmaceuticals and medical devices;
- Farm, industrial, construction equipment, and more.
Product Liability and Negligence
All personal injury claims are based on negligence, meaning the plaintiff must prove the negligence of the faulting party in a product liability claim. However, product liability claims involve “strict liability,” which is different from standard negligence.
Under the strict liability doctrine, the plaintiff must prove two things:
- The defective product reached its destination without significant alterations;
- The defective product caused the end user a loss, injury, or damage.
The court will then consider whether the defective product meets the safety standards expected by end users.
Do I Have a Claim Without Injury?
You cannot file an injury claim if you haven’t suffered a loss, injury, or damage. This means that the plaintiff in a product liability claim must suffer an injury. Sometimes injuries may take a while to manifest after using a defective product; this doesn’t mean you don’t have a case. Our highly skilled product liability lawyers at Crowson Law will analyze your situation to determine whether a defective product claim may exist.
Statute of Limitations in Defective Product Lawsuits
Time is a crucial aspect in personal injury or wrongful death claims. Why? Because evidence can disappear and memories fade. The sooner the case is investigated, the better. In most jurisdictions, including Alaska, product liability claims can be filed within two years from the date of an injury, death, or property damage resulting from a defective product. In other words, Alaska’s statute of limitations for defective product lawsuits in Alaska is two years. Always remember that the clock starts ticking from the date of the injury or when the plaintiff discovered their injuries.
Who Qualifies to File a Defective Product Lawsuit?
The person injured person or their representatives can file a defective product lawsuit and claim damages. A parent or guardian can file the action if the defective product causes wrongful death to a minor.
The above-discussed questions are common in defective product claims. In addition to these questions, a legal professional specializing in product defect cases can help you understand more about this topic.
