mesothelioma law firm

One of the potential claims in a Mesothelioma lawsuit is product liability. Products liability law combines elements of tort (negligence, strict liability, deceit) as well as contract (warranties) law. What this means is that a plaintiff has a variety of ways to make their claim against a defendant in a Mesothelioma lawsuit. The person with Mesothelioma or their family will claim that the manufacturer, seller, distributor or other party is at fault for supplying a defective product or that the product was sold with false, erroneous or misleading information. In this case, it was sold with asbestos and they knew that asbestos was dangerous to the public but sold it any ways. If the suit is contested the defendant’s response is usually to argue that the product was free of defects. Alternatively, they will seek to shift the blame for the harm caused from themselves to the plaintiff by stating that the plaintiff misused the product or knew it was dangerous and assumed the risk. However if it is found that the plaintiff misused the product they may still succeed in their claim, but only if the manufacturer could have foreseen that way the product would be missed used.

If the claim on this cause of action is successful in a Mesothelioma case, the plaintiff will be entitled to damages for injury related expenses including funeral costs (if the person died as a result of the injury), past and future medical expenses and damages for pain, suffering and future earnings as well as loss of service and society if applicable.