When people shop for the goods, medications, and devices that fuel their daily experiences and when companies purchase equipment for the benefit of their businesses, certain expectations arise in those who are buying any given product. Due to the oversight that the U.S. government has over domestically-produced items and imports, there is an expectation that products will perform according to their intended uses.
In the case of inherently dangerous products and “ordinary” products alike, there is an expectation that if they are used safely and according to instructions, these objects, medications, machines, and other resources won’t cause the purchaser and/or user harm. Yet, all too often, consumer products, medical devices and medications, industrial equipment, and even food cause people serious harm. In the event that an unreasonable dangerous or defective product causes injury, victims are often in a strong position to hold manufacturers and/or others in the chain of supply liable for the harm that has been done.
Strict Liability and Negligence Approaches
As an experienced Medford OR serious injury lawyer – including those who practice at Andersen Morse & Linthorst – can confirm, different kinds of product injury cases are pursued under different kinds of legal theories. The legal theory that governs any given case is important because it dictates what the injury victim will be compelled to prove before they can be awarded rightful compensation.
Some defective products cases and unreasonable dangerous products cases can be pursued via a legal theory known as “strict liability.” This is an advantageous position for plaintiffs, as they aren’t required to prove that the defendant(s) named in the lawsuit was negligent before they can be awarded damages. By contrast, most product liability cases must be pursued via the standard personal injury standard of “negligent, reckless, or intentionally dangerous” conduct. In these cases, injury victims must prove that the defendant(s) named in their cases acted in ways that didn’t meet industry standards or otherwise caused an unreasonable risk of harm that resulted in the victim’s injuries.
When Product Injuries Are Work-Related
Workers who are eligible for workers’ compensation benefits may be in a position to both collect these benefits and sue those responsible for causing their harm. Workers’ compensation benefits are extended to eligible injured workers on a no-fault basis, provided that these employees were engaged in work-related activities at the time they suffered harm.
Note that any worker eligible for these benefits filing a personal injury lawsuit related to their injuries can’t sue their employer directly, only others responsible for the product-related harm. Employers enjoy limited liability for work-related injuries and illnesses by law.
Contact a Knowledgeable Personal Injury Lawyer to Learn More
If you or a loved one has suffered harm as a result of a defective or unreasonably dangerous product, reach out to a personal injury lawyer experienced in handling cases like yours. Once your case has been thoroughly and objectively assessed, you’ll be able to figure out whether pursuing legal action is in your best interests at this time.