Holding Companies Accountable: The Role of a Product Liability Attorney

By  //  May 15, 2023

ABOUT THE AUTHOR: With a BA in communications and paralegal experience, Irma Dengler decided to make the best of her writing skills.

She decided to turn complicated legal matters into something more palatable for the masses. Therefore, Irma became a law communicator who writes about everyday problems so everyone can understand them and take the appropriate action.

She specialized in personal injury cases, as they are more common than anyone thinks, but her areas of expertise also include civil law, criminal law, insurance-related issues, and more.

Product liability refers to the responsibility of manufacturers, distributors, and retailers for injuries caused by their products. When a consumer is harmed due to a defective or dangerous product, they may have grounds to file a product liability lawsuit against the responsible party. This is where the role of a product liability attorney comes into play. 

In this article, the McCoy & Hiestand, PLC legal team will discuss the importance of holding companies accountable for their products, the role of a product liability attorney, and the steps involved in a product liability lawsuit.

Importance of Holding Companies Accountable

Holding companies accountable for their products is crucial for several reasons. Firstly, it helps ensure that companies take responsibility for the safety of their products. When companies know that they can be held liable for harm caused by their products, they are more likely to take measures to ensure their products are safe. This includes rigorous testing, quality control, and warning labels.

Secondly, holding companies accountable provides compensation for consumers who have been harmed by defective products. Injuries caused by defective products can be severe and life-altering. 

Compensation can help cover medical expenses, lost wages, and other damages. It also serves as a deterrent to companies, encouraging them to prioritize safety and prevent similar incidents from happening in the future.

Finally, holding companies accountable promotes consumer safety. When companies are held accountable for the safety of their products, they are incentivized to produce safe products. This benefits consumers as they can trust that the products they use are safe and reliable.

The Role of a Product Liability Attorney

A product liability attorney is a legal professional who specializes in handling cases involving defective products. They represent clients who have been injured by a product and seek compensation from the responsible party. The role of a product liability attorney is to investigate the case, determine liability, and negotiate a settlement or take the case to trial.

Investigation

The first step a product liability attorney takes is to investigate the case. This includes gathering evidence, interviewing witnesses, and analyzing the product. The attorney will work with experts, such as engineers and medical professionals, to determine how the product caused the injury.

Liability

Once the attorney has gathered enough evidence, they will determine who is liable for the injury. This could be the manufacturer, distributor, retailer, or a combination of these parties. The attorney will look at factors such as product design, manufacturing, labeling, and marketing to determine who is responsible.

Settlement or Trial

After determining liability, the attorney will attempt to negotiate a settlement with the responsible party. If a settlement cannot be reached, the case will go to trial. During the trial, the attorney will present evidence and argue why the responsible party should be held liable for the injury.

Steps Involved in a Product Liability Lawsuit

A product liability lawsuit involves several steps, including filing the lawsuit, discovery, and trial.

Filing the Lawsuit

The first step in a product liability lawsuit is to file the lawsuit. This involves submitting a complaint to the court, which outlines the plaintiff’s allegations against the defendant.

Discovery

The discovery phase involves both parties exchanging information about the case. This includes gathering evidence, taking depositions, and conducting interviews. The purpose of discovery is to uncover as much information as possible about the case.

Trial

If a settlement cannot be reached, the case will go to trial. During the trial, both parties will present evidence and make arguments. The jury will then decide whether the defendant is liable for the plaintiff’s injuries and, if so, how much compensation the plaintiff should receive.

Contact a Lawyer for Help

Holding companies accountable for their products is crucial for promoting consumer safety and ensuring that companies prioritize the safety of their products. When a consumer is injured by a defective product, a product liability attorney can help them seek compensation from the responsible party.