How to Hold Product Manufacturers Liable for the Death of Your Child
If your child passes away due to a defective product, you have every right to want to hold the company responsible for your child's death. Unfortunately, there are several products on the market that have design defects, and the companies that produce these products fight harder to avoid liability than they fight to make their products safe in the first place. As a result, you may need help from a wrongful death attorney when seeking compensation for the death of your child.
How a Product Manufacturer Can Be Liable
The obvious way that a product manufacturer is liable is when the product doesn't work as intended and causes an injury. For example, a toy designed for children might break apart into small pieces that can be easily swallowed.
However, another example of product liability is when you are not sufficiently warned about a potential risk that a product might have. For example, there might be a piece of furniture that could potentially tip over and could cause a child to become injured if they attempt to climb on top of it.
Liability for a Product Manufacturer
Product manufacturer liability falls under strict liability. This means that a manufacturer is expected to make sure that their products are safe before they are brought to the market. The manufacturer might argue that the product was not used as intended, but if the product was meant to be used by a child, the manufacturer cannot expect the child to use the product safely.
If you are not sure if the product manufacturer is liable for your child's death, you will want to consult with an attorney who is licensed to practice in your state. If other children were injured or killed by the product, you may enter into a class-action lawsuit.
Compensation for the Death of Your Child
As a parent, you are entitled to compensation for the death of your child. This can include compensation for any medical expenses leading up to your child's death and any pain and suffering that your child experienced. You will also be entitled to compensation for funeral expenses.
However, calculating the damages you have suffered can be difficult since you might not even know where to begin. Therefore, you will need to consult with a wrongful death attorney. While the manufacturer might try to settle the case out of court, you will need to make sure that the settlement offer isn't too low.