Can I Have a Product Liability Claim Even If I Wasn’t Injured?

While occupational illnesses and injuries are extremely common, with 3,007,300 being reported in 2013, injuries and damages from defective products are common as well. Products liability law is complex and people often wonder if they can file a products liability claim even if they didn’t get physically injured due to the defective product. This article is going to provide an overview of product liability claims and what qualifies for a claim.

First, let’s talk about the types of product liability claims. There are three main types of product liability theories:

  • Warning Defects
  • Manufacturing Defects
  • Design Defects

warning defect claim would consist of a product that lacked sufficient warning or instruction labels. Without these labels, the plaintiff suffered injuries or damages that could have been prevented with proper warning or instructions. A manufacturing defect claim would be caused by a product that was defected during the manufacturing or production process. Even though the design of the product was right, it was manufactured in a way that caused damages or injuries to the plaintiff. And lastly, a design defect claim would occur when injuries or damages resulted from a defective product that was designed incorrectly or dangerously.

In knowing the types of product liability claims, let’s take a look at our initial question: can someone have a product liability claim if they didn’t get physically injured by the defective product? Surprisingly, the answer may be yes. The plaintiff has to have suffered a legally compensable injury, but this doesn’t necessarily mean it needs to be a physical injury.

During a personal injury case, an attorney will need to be able to prove their client deserves compensation for any damages or injuries that occurred due to someone else’s negligence. If a manufacturer produces and sells a product that is unreasonably dangerous and caused damages, such as financial damage, they may be sued for compensation.

With that in mind, it’s important to know what kind of compensation plaintiffs may be able to seek under products liability law. The most common damages sought to be recovered include:

  • Pain and suffering as result of an injury
  • Effect injury or damages has had on a marriage
  • Punitive damages as punishment for the defendant

Products liability law is complex, primarily because each case will be different from any other. Varying factors will include the severity of damages or injuries, the type and extent of the defect, and the manufacturer’s history with defective products.

Because each products liability claim will be complex, it’s important to hire an experienced lawyer. Unfortunately, the manufacturer of a defective product is sure to have highly experienced lawyers on their side. To ensure proper compensation is received, a lawyer is needed to prove negligence with sufficient evidence.