How much is awarded annually as a result of product liability judgments?

Of those that are tried and proceed to verdict, Jury Verdict Research data from Thomson Reuters show that in 2018 (latest data available) the median award in personal injury cases was $100,000, down from $125,000 in 2017. The average award, $1,669,340, also fell in 2018 compared with $1,825,808 in 2017.

What are the three typical claims for a product liability case?

There are three main types of product liability claims: negligence, breach of warranty and strict liability. A defense may work to defeat one kind of claim, but not another.

How many people are injured by defective products?

Research from the U.S. Consumer Product Safety Commission indicates that defective or unsafe products cause 29.4 million injuries and 21,400 deaths each year.

Can you sue for product liability?

If you were injured by a defective product, then yes, you can sue the responsible parties here in California. It doesn’t matter whether you were the buyer of the product or not. You can even sue if you were not the person using the product.

Are punitive damages available for every product liability case?

California courts are more likely to award punitive damages in product liability cases when certain circumstances exist, such as: the manufacturer knowingly marketed a defective product, a manufacturer intentionally did not perform tests to validate the product’s safety, or a manufacturer did not reveal known dangers …

What is a product liability lawsuit?

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Typically, product liability claims are based on state laws and brought under the theories of negligence, strict liability, or breach of warranty.

Who can bring a products liability lawsuit?

Generally, any manufacturers as well as any sellers down the distribution chain (i.e., distributors, wholesalers, and retailers) can be held legally responsible for a defective product causing injury.

How do you defend against product liability?

Therefore, one avenue open to a defendant in a product liability case is to argue that the harm suffered by the plaintiff was a result of using the product in an unexpected and unforeseeable way. Thus, misuse can serve as a defense against liability. The misuse, however, must be unforeseeable.

How many people are killed by chainsaws every year?

U.S. Consumer Products Safety Commission (data collected through the National Electronic Injury Surveillance System (NEISS)), “The number of chain saw injuries from all users (loggers, arborists, other professions, and even homeowners), ranges anywhere from 40,000 to 90,000 each year for severe, non-fatal accidents.

How many injuries have there been in 2019?

Private industry employers reported 2.8 million nonfatal workplace injuries and illnesses in 2019, unchanged from 2018, the Bureau of Labor Statistics reported today.

How do you prove product liability?

Although the particulars vary from state to state, products liability law usually requires that you prove all of the following things (these are called the “elements” in your claim) in order to win: You were injured or suffered losses. The product is defective. The defect caused your injury.

How can you protect yourself from product liability?

How to Protect Your Business From Product Liability Claims

1. Product Testing. You may feel inclined to stop the testing of any particular product once it hits the market.
2. Incorporate Safety During the Build and Design Stages.
3. Purchase Product Liability Insurance.
4. Check Your Suppliers.
5. Hire Legal Counsel.

Are there any product liability lawsuits in the US?

In the case of Martinez v. Johnson & Johnson from 2018, a Missouri jury awarded $4.6 billion to product liability victims. 22 victim plaintiffs sued Johnson & Johnson for its faulty talcum powder, which caused ovarian cancer in women who regularly used the product. Each of the victims was awarded $25 million.

What is the success rate of product liability cases?

In intentional tort trials, plaintiffs were successful 50% of the time. In premises liability trials, the success rate for plaintiffs stands at 39%. In product liability trials, plaintiffs were successful in 38% of cases.

What was the largest product liability case in history?

In 1998, Dow Corning, a joint venture of The Dow Chemical Co. ( DOW) and Corning Inc. ( GLW ), reached a settlement in which it agreed to pay $2 billion as part of a larger $4.25 billion class action suit filed by customers who claimed that their silicone breast implants were rupturing, causing injury, bodily damage, scleroderma, and death.

Why is product liability law important in the United States?

U.S. product liability law is also seen as an instrument to guarantee the safety of products and to protect the consumer and anyone who might foreseeably come into contact with products.