Imagine for a moment that you decided to buy a fancy e-cigarette to vape and produce those enormous clouds of smoke because you wanted to be cool like the other Millennials who are trying for fun.
Your first attempt blowing a dense smoke cloud after purchasing the product didn’t go so well. You suffered burn wounds and disfigurement when the electronic cigarette caught fire for no apparent reason. You have a product liability case. But how do you ask for compensation? What’s the distinction between personal injury and product liability? Today, Wayne Resmini personal injury lawyer in Rhode Island, will go over everything.
How do personal injuries occur?
Although the concepts of product liability and personal injury laws differ slightly, they are intertwined and have the same goal: to uphold the rights of the injured and provide them with the right to compensation.
What exactly is personal injury?
A “personal injury” is any harm or trauma to a person’s body, mind, or emotions, as defined by federal and state laws. According to our attorneys, a personal injury claim is a specific category of tort litigation.
If strict liability is applicable and you can demonstrate negligence, you might be entitled to compensation if you were hurt by a defective product, such as the e-cigarette from our earlier example.
Even though it seems obvious that you did nothing wrong and the product’s manufacturer is to blame for your injuries, the law still requires you to show (a) that the manufacturer and other parties in the distribution chain were negligent and (b) that the product was used in a way that was foreseeably reasonable.
To prove these two elements of a claim and pursue compensation for your injuries and damages, it is typically advised to seek the legal assistance of a Rhode Island personal injury attorney.
Make sure to get medical help before setting up a free consultation with Wayne Resmini at In Pain Call Wayne, and make sure that the medical professionals document your injuries accurately by creating a thorough emergency report.
What does product liability mean?
You have the right to hold manufacturers, suppliers, distributors, sellers, retailers, and other parties in the distribution chain accountable for your injuries and damages brought on by defective products under product liability laws.
Fact: Using defective products results in injuries for hundreds of thousands of Americans every year. And each year, thousands more people pass away.
Four claims categories that are frequently brought up in the context of product liability are described by our top Rhode Island product liability lawyer.
- Negligence
- Absolute liability
- Default in warranty
- Claims for consumer protection.
In cases involving product liability, three main liability claims may be made:
- Manufacturing flaw: The product had a flaw before it was released from the control of the producer or other parties in the supply chain.
- Design flaw: The product is dangerous or deadly because it was created.
- Lack of adequate warning about potential risks associated with using the product or specific parts. Failure to warn of the defect.
If you are unsure if you have a case of product liability. Consider speaking to Wayne Resmini for a free consultation!
