Can I Sue If a Family Member Died Due to a Defective Product?

By Chris Dixon


If someone is killed by a defective product, such as a heated blanket that overheats, a defective car airbag, or a hazardous household item, the immediate family members of the victim could be eligible to sue the product’s manufacturer, retailer, or additional parties for product liability. Product liability claims can be challenging to handle without adequate legal knowledge, but with an experienced lawyer by your side, the process is streamlined and compensation can be recovered as quickly as possible for your family member’s wrongful death.

What is Product Liability?

Product liability refers to a manufacturer or seller’s liability if a defective product causes physical injuries, death, or other damages to a consumer. The most common product liability cases that arise include:

If a family member has died due to a defective product, the immediate family members of the victim could be eligible to file a wrongful death claim against the negligent party to recover compensation for their family member’s pain and suffering. It’s best to file a product liability claim and sue the product’s manufacturer or seller with the help of a lawyer rather than filing a claim by yourself. Often, it can be difficult to obtain full compensation from large manufacturers or retailers that are protected by large insurance companies and high-powered insurance agents, but with a lawyer by your side, the victim’s rights are protected and evidence from the accident is preserved.

How Can I Prove That My Family Member’s Death Was Caused By a Defective Product?

Generally, defective product wrongful death claims are supported by evidence from the accident, proof of purchase, and proof of death. As a close family member of a victim it can be hard to sue the negligent manufacturer or seller responsible for your loved one’s death on your own, but hiring an experienced lawyer can help with gathering evidence from the accident, file a compelling claim, and sue for the maximum amount of compensation for your family member’s wrongful death.

What Damages Can I Sue For If a Family Member Died Due to a Defective Product?

If a wrongful death claim is filed on behalf of a family member that died due to a defective product, you could be entitled to recover damages that the victim could have recovered with a valid injury claim. Typically, the most common recoverable damages for product liability wrongful death claims are medical expenses, pain and suffering, property damage, and lost wages that were caused by the defective product. Most states in the U.S. don’t have a limit on the amount of compensation that a victim’s family members can recover for a product liability wrongful death claim, but in some states, there is a damages cap on the amount of non-economic damages that are recoverable for product liability claims.

How Can a Lawyer Help Me Sue for Product Liability?

If you are unsure if you are eligible to sue for your family member’s death caused by a defective product, or need help figuring out what damages you can sue the negligent party for, it’s essential to hire a lawyer as soon as possible and discuss your case. An experienced lawyer can assess your situation, determine the best option for suing the negligent manufacturer or seller responsible for the product’s defect, and fight for the most compensation for the victim’s harm and losses caused by the defective product.

If you are ready to file a product liability claim for your family member’s wrongful death and sue the negligent party in the accident, contact the Dixon Injury Firm as soon as possible to discuss your case. Our Wrongful Death Lawyers are well-versed in product liability and understand how hard it can be to lose a family member to a defective product, so they offer free consultations and are available 24/7 to help with your case in any way that they can.

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