What is a product liability attorney? 

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Researcher: Ariana Arce​

Researcher: Ariana Arce​

a.arce@legalhelpadvisor.com

Journalist: Aaron Vivanco

Journalist: Aaron Vivanco

a.vivanco@legalhelpadvisor.com

Editor: Daniela Polo

Editor: Daniela Polo

d.polo@legalhelpadvisor.com

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What is a product liability attorney? 

When searching for a lawyer for a case, is essential to know if their skills and experience are a good fit for your situation. To find out if you need a product liability attorney, understanding what these lawyers do may be useful. Read more to find out. 

What is a Product Liability Attorney?

This type of lawyer deals with cases involving defective or dangerous products that allegedly caused injuries and/or damages to their clients. Their mission is to hold accountable whoever is responsible for the harm and to seek just compensation for the suffering and pain of the plaintiff.

To discover who is responsible for the damages, a good product liability lawyer would look for the place in which the defect or the lack of warning originated. Was it the design? Was the manufacturing process instead? Or were the omissions or assumptions of the marketing team?  

To be right on track they need to follow an investigation through the purchased items, interviews with witnesses, and legal documents, to name some of them. They also work to assess what are the due damages, which can be somehow estimated by adding up the price of the product, medical bills, and loss of income that the plaintiff may have endured because of the defective product. 

Is There Just One Type of Product Liability Lawyer?

No. Sometimes, these lawyers specialize in one type of product, but others have expertise in many areas. Also, there are product liability attorneys that represent the defendant, and they may work for different types of companies as well. Also, they can work independently or for large firms (or companies, in the case of the defendant’s attorney). 

How Much Does a Product Liability Attorney Cost? 

The most common practice in small law firms is to get paid through contingency fees. This means that the plaintiff doesn’t pay anything in advance and that the lawyer takes a previously-agreed percentage once they reach a settlement or verdict. 

Defense attorneys usually charge by the hour, often as employees of the companies that were sued for designing, manufacturing, or selling allegedly defective products. 

What Does Product Liability Law Stand For?

Product liability gives customers a cause of action when they encounter defects in the items they purchased. In other words, it gives consumers the right to hold manufacturers, designers, and/or sellers of products responsible for making or distributing a defective and sometimes dangerous item. 

This way, consumers who were negatively affected by a product, can turn to legal aid to file their claim and receive compensation. 

How To Carry out a Product Liability Lawsuit?

A good product liability attorney knows which parts of the law apply to the specific issue. Also, they would suggest whether to keep an independent lawsuit or join a class action. That being said, is useful to understand which steps you may need to follow to get your lawsuit started. 

Before filing the lawsuit, there are important steps to take: 

  • Get medical attention

Whatever injury or illness this product caused you, the first thing to do is to seek medical attention. Explain what exactly happened to your doctor, and verify if the product caused the injury.

  • Contact a lawyer

As explained above, look for an experienced attorney, preferably with a background handling these types of lawsuits. They would know who may the defendant of the case be, and which type of lawsuit fits best to the incident or event that led to your injuries. Feel free to contact us so we can help you with this. 

  • Check the deadlines

The statute of limitations, in other words, the timeframe you have to file a claim is established by law. A good lawyer can guide you and explain to you what regulations apply in your state.  

  • Gather evidence and look for witnesses

With the assistance of a product liability lawyer, look for medical documents, photographs, or videos, as well as medical records that could aid your case. Don’t forget to keep the dangerous product unaltered since the incident. 

After all of this is accomplished, the formal stages of the litigation started. They are often as follows:

  • Pleadings

Once the plaintiff has all the evidence suggested by their lawyer, the parties make a formal statement, which is known as a pleading. There, the plaintiff files a complaint, and the defense files an answer. 

  • Discovery

Here, both parties exchange evidence and information that will be used in the case. To verify facts about a case to prepare for trial, they may conduct interviews and interrogatories (written questions for the other party) to find out more facts about a case. 

  • Pre-Trial Conference

This is mainly a meeting between parties, to determine the issues of a case. Sometimes, this stage allows for a settlement before trial. If a settlement can’t be reached, then ADR (the assistance of the third party) may be discussed. If this isn’t an option, both parties agree to go to trial. 

  • Trial

The parties come together before a judge and often before a jury, to bring in their evidence and arguments. The plaintiff begins with their presentation, and the defense can follow to refute the allegations. When the trial ends, the judge and jury give a verdict.

  • Appeal

 If a party disagrees with the resolution of the trial, the plaintiff’s or the defendant’s lawyer can file for appeal before a higher court.