Consumers have a right to expect that the products they purchase on the open market will be safe to use as directed. Unfortunately, this is not always the case.
What are the elements of a product liability claim against the commercial seller?
To prevail in a claim against the commercial seller for injuries caused by a defective product, you must establish the following:
- The defendant sold a product that you used (or someone else used, causing injury to you)
- The defendant is the commercial seller of the product
You suffered an injury
- The product was defective when the defendant sold it
- The defect was the actual and proximate (immediate) cause of your injury
What if you are not the person who purchased the defective product?
To have a product liability claim against responsible parties, you do not have to be the actual buyer or owner of the defective product. You could claim damages for injuries caused by a product you borrowed from someone else.
Neither do you have to be the one who was using the product at the time you were injured. For example, if a part flew off a defective tool your friend was using and injured your eye, you could still have a valid product liability claim for injuries caused by the defective tool.