When a loved one dies because of a defective product, surviving family members may be entitled to compensation through a wrongful death claim. Wrongful death claims are civil lawsuits brought against a person or entity whose negligent behavior resulted in someone else’s death. Wrongful death cases involving defective products generally fall under product liability law, which protects consumers by holding manufacturers, distributors, and sellers accountable for deaths or injuries caused by unsafe or defective products.
In successful product liability cases, a product manufacturer, distributor or seller is held liable for the injuries caused by the defective or dangerous product they manufactured or sold. Product liability laws vary by state but generally require that a product meet ordinary consumer expectations that a product be free of defects or dangers during normal use. When a product fails to meet this threshold, it could become part of a product liability lawsuit.
If you lost a loved one due to a defective product, contact an experienced personal injury lawyer who handles wrongful death and products liability cases. You do not have to navigate this heartbreaking loss alone.
What Types of Damages Can Be Recovered in a Defective Product Claim for Wrongful Death?
In a defective product wrongful death claim, surviving family members may recover both economic and non-economic damages. Economic damages can include medical expenses related to the fatal injury, funeral and burial costs, lost income and other benefits the deceased would have provided, including loss of inheritance. Non-economic damages may cover emotional distress, loss of companionship, loss of care and guidance, and pain and suffering. In rare cases involving extreme negligence or misconduct, punitive damages may also be awarded to punish the wrongdoer and deter similar conduct in the future.
Challenges and Complexities in Pursuing Defective Product Wrongful Death Claims
Common Types of Defective Product Categories
The most common product categories involved in defective product claims are:
- Defective automotive products
- Defective medical devices
- Defective toys and other child products
- Defective pharmaceutical drugs
- Home appliances
- Industrial equipment
Four Elements Required to Prove a Defective Product Claim for Wrongful Death
Here are the four elements that must be proved for a successful defective product wrongful death case:
- Duty of Care. Manufacturers, designers, distributors, and sellers have a duty to ensure their products are safe for intended use and include proper warnings.
- Breach of Duty/Negligence. It must be proved that the product had a known design flaw, manufacturing error, or lacked adequate warnings for safe usage.
- Causation. It must be proved that the defect in the product directly or at least partially caused the victim’s death.
- Damages. It must be proved that the death resulted in measurable losses, such as medical bills, funeral costs, lost income, or loss of companionship.
Why Legal Experience Matters
Proving breach of duty/negligence in a products liability case requires the skill of an experienced wrongful death lawyer. In many cases, multiple parties or factors could have contributed to the death of your loved one and your attorney will need to conduct an investigation and gather evidence to build a strong case to help you secure the compensation you deserve for your loss.
Common types of evidence include medical records, police reports, eyewitness accounts from people who witnessed the accident, photos or videos of the accident, and expert testimony.
Seek the Help of a Wrongful Death Attorney
If you lost a loved one due to a preventable medical error or the reckless/negligent behavior of another, you have enough to deal with. Let an experienced wrongful death attorney fight for justice on your behalf. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a wrongful death lawyer. Call the most experienced practicing wrongful death attorneys Bellingham has at Tario & Associates, P.S. today for a FREE consultation! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
