Consultwebs.com does not provide legal advice.  Our goal is to provide legal resources for consumers and attorneys.  You should consult with a lawyer for legal advice that applies to your situation and location.

PRODUCT LIABILITY FAQ

1. What is product liability? Product liability refers to the liability of all parties, including the manufacture, of any product for damage caused by that product.

2. What is covered under product liability? “Products” are generally thought of as tangible personal property, but it may now also include intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts).

3. I was burned by a curling iron; can I sue the manufacture? This would be a products liability case and you may be able to sue but know that although the manufacture is responsible for defective products, the following will be considered in your case:

a. Was the defect unreasonably dangerous?
b. The seller, where you bought the iron from, must be in the business of selling that particular product
c. The item must not have been substantially changed between the time it left the seller to the time the user had it
d. The defect directly caused the injury
e. The product was used properly.

4. I was burned badly by a cup of hot coffee that I received in a drive through restaurant; is this a product liability case? Yes, it is. A landmark case was brought (and won) against McDonalds in 1994. The basis for the over 2 million dollar settlement to the Plaintiff was that McDonalds knew that they served their coffee extremely hot, and they had received many complaints over the years regarding burns to customers.

GENERAL PERSONAL INJURY FAQ

1. What is a counterclaim? A claim that the defendant in a suit has against the plaintiff from the same transaction.

2. What is discovery and what is its purpose? Discovery allows both parties to “discover” information in the case. The purpose is to narrow the basis of the complaint and to eliminate surprises to both parties.

3. What are interrogatories? Written questions by one party to the other, which are answered under oath.

4. What is a deposition? A formal interview under oath in the presence of a court reporter. The answers in a deposition are oral.

5. Will I end up at trial? Only about 25% of all personal injury cases end in a court; most will settle.

6. I was ordered to pay “costs;” what does that include? Usually it will include attorney, clerk, witness, and docket fees.

7. What is civil law? Principles that govern relationships between people, where no crime has been committed.

8. What is a class action lawsuit? When a large group of plaintiffs sue a large group of defendants naming a representative in place of the entire group. Examples would be the tobacco industry suits and the suits against the drug manufactures of the popular diet medications, such as fen-phen.

9. What is negligence? A failure to act reasonably in a situation. Doing something carelessly or failing to do something; i.e. driving without your headlights on.

10. What are punitive damages? Damages awarded to punish the defendant.

11. What does pain and suffering include? This would generally be money awarded over and above medical costs and lost wages.

12. What is loss of consortium? A loss of companionship and care for the victim’s marital partner.

13. What is contributory negligence? A defense to negligence stating that the plaintiff’s negligence contributed to their injuries.

14. What is a tort? Conduct intended to harm another person or their property. Examples include fraud, misrepresentation and slander.

15. How is negligence determined? Negligence does not simple mean doing something wrong. All of the following elements must exist for an act to be considered negligent:

a. Lack of reasonable care
b. Breach of duty
c. Injury to the victim
d. Forseeability (knowing an act would occur based on the circumstances)
e. Damages

16. What is the statute of limitation in a civil case? Generally 2 years from the date the incident occurred.

17. I’ve heard the phrase “assumption of risk.” What does it mean? It is used as part of a defendant’s defense. It states that a user assumes risk in the following ways:

a. If you’ve discovered the risk, but disregard it
b. If you’ve failed to properly maintain an item
c. If you’ve failed to follow the enclosed directions

18. What is an appellant? The party who lost at trial is called an appellant on appeal.

19. What is emotional distress? Mental anguish.

20. What are injunctions? Court orders for defendant’s to stop them from doing something (i.e. temporary restraining orders).

21. What is litigation? A lawsuit.

22. What does “res ipsa loquitor” mean? It is a Latin phrase meaning, “the thing speaks for itself.”

Back to Top