What needs to be established in product liability lawsuits?

If you or a loved one has recently been diagnosed with a disease like mesothelioma or asbestosis, there is no doubt that you are dealing with a very upsetting situation. You are likely consumed with fear, stress and confusion; money and complicated legal claims may be the last things on your mind. However, it is crucial that you understand that you have the option to hold accountable the party responsible for causing the illness.

While dealing with a serious illness or the death of a loved one is extremely difficult, people often find it a great source of relief to legally establish fault and receive compensation and acknowledgment for the damages that have been suffered. There are many different types of legal claims that victims of asbestos-related illnesses can file in light of their diagnosis, though a very common type is a product liability claim.

A product liability claim can be filed against the maker or distributor of a dangerous or defective product. In cases involving asbestos, the party often named is the manufacturer of a product containing asbestos, though there are typically several other parties also named if they were involved with the chain of a product’s distribution. This could include those who assembled, installed or sold the product.

In order to file a claim, it must be established that the product in question (whether it is a gasket, brake pads, insulation, floor tiles or other product commonly containing asbestos) not only contained asbestos but that there was a failure to notify consumers that the product contained asbestos or to warn them of the risks of asbestos. It must then be proven that the unsafe product caused a victim’s illness or injury.

Filing a product liability lawsuit can be crucial for victims of asbestos exposure who deserve to have some closure and compensation for the devastating damage caused by negligent or reckless parties. It can be a complicated and frustrating process, but thankfully victims and their families can work with an attorney who can navigate the legal system more easily and pursue a claim on their behalf.