Hi. My husband was injured his eye severely while he was working on the house using a power sprayer. I've read a little bit about this kind of thing and about products liability claims but I'm confused about the warning label duty and how he might collect damages even if the product wasn't really defective. I mean it worked OK but he hurt himself anyway. Also can we get damages for loss of consortium. Thanks.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Loss of consortium and products liability
Sorry about your husband, and I hope he is feeling better. Obviously, in a situation like this where we do not have all the facts, your best bet is to talk to a lawyer and get some case-specific information. In general, manufacturers can by found liable in a products liability case even when the product is defect-free if they owed a duty to warn of a specific danger that can result from the intended use of the product. Manufacturers are intimately familiar with their own products and have knowledge about possible dangers that the average consumer may not have. In that type of situation, the manufacture has a duty to warn the consumer, through warning labels usually, of the latent danger. If they do not, and injury results, there may be potential liability and damages.
As for your question about loss of consortium damages, a products liability case is like any other personal injury case, and loss of consortium damages may be available. Good luck.