Bringing Suit For Products Liability In Iowa

by | Jan 4, 2016 | Law

If you live in Hiawatha, Iowa, life may take an unexpected turn if you purchase a product online or at a local retail outlet. While in most cases, the product functions as it is intended, there are instances when it does not. This usually necessitates returning it to the retailer or manufacturer for a refund or a replacement.  However, in certain extreme circumstances, the product not only fails to function properly, it causes harm. On such occasions, you should consider consulting with products liability lawyers.

What Are Products Liability Lawyers?

A product liability lawyer is an attorney who devotes his casework to studying and prosecuting individuals who manufacture defective goods or products. This is their area of personal injury. Professional products liability lawyers are trained to recognize the three legal theories that will allow him or her to file a lawsuit for a client under common law liability.

What Are the Three Legal Theories?

Currently, three major theories  allow products liability lawyers to bring a case against a company or individual. They are:

  1. Design Defect: This theory holds that the fault, defect or danger is inherent in its design.
  2. Manufacturing Defect: Using this theory, the argument is the fault for the resultant defective or dangerous product lies in the actual manufacturing process
  3. Failure to Warn/Marketing Defects: This theory holds that labelling or marketing did not indicate that the product had dangers – ones not apparent to the injured consumer.

Products liability lawyers can only use these three theories to present and argue their case against the defendant.

Whom Can Products Liability Lawyers Sue?

If you live in Hiawatha, Mt. Vernon, Marion or West Liberty, Iowa, who you can sue is severely restricted by law. Unlike several other states, Iowa has very precise product liability laws. While you may be angry that the retailer permitted the sale of defective and dangers goods in his or her store, you cannot sue them. In fact, Iowa law makes them virtually exempt from such prosecution. The only exception is claims made under the theory of failure to warn.

If products liability lawyers want to file a claim under any other theory, they cannot sue the online or otherwise retailer. Instead, they must lay claim against the manufacturing company or companies. Only those who actually produce and assemble the fault product may be taken to court with any hope of success.

Defective Products? Contact Products Liability Lawyers

The issues surrounding a case of product liability is complicated. In Hiawatha, Iowa, the law is very specific about who may be held responsible in a court of law. If you want to make certain your case is filed correctly and on time, you need to contact reputable and aggressive products liability lawyers in your area.

At the Tom Riley Law Firm, providing services in Marion, Robins and Hiawatha, Products Liability Lawyers, have been working hard to seek justice successfully for all our clients since 1980. We aggressively and devotedly apply ourselves to helping those who have been wrongfully injured or damaged through the negligent acts of others.

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