You may not immediately think of a home injury as the basis for a personal injury lawsuit. However, just because there is no liable party, such as a distracted driver or a negligent worksite manager, does not mean you bear the entirety of the responsibility for your injury.
To get to the root cause of an injury, it is important to look at the unique situation that precipitated it. Not just the “who” and the “where” — you or a loved one, in your own home — but also the “what.” These facts could potentially include faulty, defective or dangerous products.
The unfortunate truth is this: Many injuries that lead to lawsuits involve complex circumstances and significant trauma. This combination can make it difficult to sort out everything that happened.
However, the basic idea behind this type of liability is simple. Generally speaking, products should do what you expect.
An unexpected and dangerous result is usually relatively obvious — an exploding appliance, dangerous toy or collapsing piece of furniture, for example. However, in some cases, such as fires or food contamination, discovering a faulty product could take some investigation.
Your insurance company or liable parties may attempt to frame your suspicions as outlandish. However, there are many instances of products with defects. Auto parts, such as airbags, foods and pharmaceutical recalls are among the most famous. These cases sometimes center around catastrophic injury, illness or even death for consumers.
Despite companies’ protestations, faulty products exist. In fact, there are too many possibilities to name them all.
Please keep in mind that any product you use — not only those in your home — should be safe to the extent of the manufacturer’s, designer’s and distributor’s legal responsibilities. These products could include parts in your car, elements of public infrastructure and consumer goods in any setting. Therefore, this type of liability claim could serve an important function in lawsuits based on anything from premises injuries to auto collisions.