Product Liability

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Frequently Asked Questions

Get answers to the most common liability case queries.

What do I need to prove to have a strong case?
You need to establish a clear link between the contaminated product and your specific harm. Critical evidence includes the product packaging or receipt, medical records diagnosing your illness, and lab tests confirming the pathogen (like Salmonella). Official recall notices from health agencies also provide powerful support. This evidence connects your injury directly to the defective product and the responsible company.
What are the most common hazards in defective children’s products?
Common hazards include choking risks from small parts that detach, strangulation risks from long cords, toxic materials like lead paint, flammable sleepwear or costumes, and mechanical dangers like sharp edges or pinching points. Products that collapse, tip over, or trap children are also frequent sources of injury. These hazards often violate established federal safety standards set by the Consumer Product Safety Commission (CPSC).
What is “attractive nuisance” in relation to pools?
An “attractive nuisance” is a legal concept holding owners responsible for dangerous conditions that are likely to attract children who cannot understand the risk, like an unfenced pool. Even if a child trespasses, the owner may be liable for injuries if they failed to take reasonable steps—such as installing a secure fence with a self-latching gate—to prevent access. The law recognizes that children are drawn to pools and need extra protection.
What kind of compensation might be available in these cases?
Compensation aims to cover the full impact of the illness. This can include payment for all past and future medical expenses, lost wages and reduced earning capacity, and compensation for physical pain and emotional suffering. In cases of extreme negligence or intentional wrongdoing, additional punitive damages may be awarded. The amount varies greatly depending on the severity of the disease, the victim’s age, and the clarity of the evidence against the responsible party.
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