Product liability refers to the legal responsibility of manufacturers and sellers for injuries caused by defective products. When a product is unsafe and causes injury to a person, the injured party may be able to bring a product liability claim against the manufacturer, distributor, or seller of the product. In Idaho, there are three types of product liability claims: manufacturing defects, design defects, and failure to warn.
A manufacturing defect occurs when a product is not made according to its intended design. This means that the product is different from the intended design in some way that makes it dangerous to use. For example, if a car’s brake system is installed improperly, it may malfunction and cause an accident. In Idaho, a plaintiff can bring a product liability claim for a manufacturing defect if the product caused an injury that was a direct result of the defect and if the plaintiff was using the product in the way it was intended to be used.
A design defect occurs when a product is designed in a way that makes it inherently dangerous, even if it is manufactured correctly. This means that the product is unsafe because of the way it was designed, regardless of how well it was made. For example, if a ladder is designed with rungs that are too far apart, it may be unstable and cause a fall. In Idaho, a plaintiff can bring a product liability claim for a design defect if the product caused an injury that was a direct result of the defect and if the plaintiff was using the product in the way it was intended to be used.
Failure to warn
A failure to warn occurs when a manufacturer does not provide adequate warning or instructions for the safe use of a product. This means that the manufacturer did not provide adequate warnings or instructions for the safe use of the product, and this failure to warn directly led to the injury. For example, if a prescription drug does not include a warning about potential side effects, the manufacturer may be liable for any harm caused by the drug. In Idaho, a plaintiff can bring a product liability claim for a failure to warn if the product caused an injury that was a direct result of the failure to warn and if the plaintiff was using the product in the way it was intended to be used.
It’s also worth noting that in Idaho, the statute of limitations for product liability claims is two years from the date of the injury. This means that if you wait too long to file a claim, you may lose your right to seek compensation for your injuries. Therefore, it’s important to act quickly and consult with a lawyer as soon as possible.
It’s also important to gather evidence to support your claim, such as medical records, product manuals, and witness statements. Your attorney can help you gather this evidence and build a strong case to demonstrate that the product was defective and caused your injuries.
In some cases, multiple parties may be held liable for a defective product, such as the manufacturer, distributor, and retailer. Your attorney can help you identify all potentially liable parties and determine the best strategy for seeking compensation.
If you’ve been injured by a defective product in Idaho, don’t hesitate to reach out to a personal injury attorney for help. They can guide you through the legal process and help you pursue the compensation you deserve for your injuries and related expenses. By understanding the different types of product liability claims, you can better advocate for yourself and protect your legal rights.
Hepworth Holzer, LLP is a personal injury law firm located in Boise, Idaho, that has extensive experience handling product liability claims. Our attorneys have a deep understanding of Idaho’s product liability laws and can help clients navigate the complex legal process involved in these cases. Here are some ways we can help with product liability claims:
Investigating the case: We can conduct a thorough investigation of the defective product and gather evidence to support your claim. This includes analyzing the product itself, reviewing manufacturing and design specifications, and consulting with expert witnesses.
Identifying liable parties: We can help you determine who is responsible for your injuries and hold them accountable. This may include the manufacturer, distributor, retailer, or other parties in the product’s supply chain.
Negotiating with insurers: We can work with insurance companies and their lawyers to negotiate a fair settlement on your behalf. We have experience dealing with insurance adjusters and can help you avoid accepting a lowball offer.
Litigating in court: If necessary, we can take your case to court and fight for your rights in front of a judge and jury. Our attorneys are experienced trial lawyers and will work tirelessly to secure the best possible outcome for you.
At Hepworth Holzer, LLP, we understand how devastating injuries from defective products can be, and we are dedicated to helping our clients get the compensation they deserve. If you have been injured by a defective product in Idaho, don’t hesitate to contact us for a free consultation. We will evaluate your case and help you understand