Product liability arises when a seller, retailer, or manufacturer is held liable for allowing a defective product to reach consumers, regardless of a consumer’s own negligence. The laws governing product liability will determine the party or parties that are held responsible for a dangerous or defective product.
One example is when a product manufacturer is held liable for placing a defective product into the stream of commerce. It is important to note, however, that all parties involved in the chain of distribution can be found liable in a product liability claim.
The state laws governing product liability claims may vary. There are commercial statutes in each state that are modeled after the Uniform Commercial Code (UCC).
A product liability claim can be filed for many different types of products, including bar stools.
What Is a Defective Product?
Defective products are any products that are unreasonably dangerous when they are being used for their intended purpose without any interference or alterations. More specifically, defective products are products that cause injury to an individual because of one or more of the following:
- A design defect;
- A manufacturing defect;
- A marketing defect.
Common examples of defective products include:
- Children’s toys;
- Medical devices;
- Food items.
In order for an individual to prove a product liability claim, they will be required to show the following:
- The product was defective upon being manufactured;
- The manufacturer, seller, or distributor of the product intended for it to reach the plaintiff without any changes being made during the process; and
- The plaintiff or their property was injured in some way by the product.
What Are Bar Stool Injuries?
A bar stool injury may occur if an individual falls off of the bar stool, typically in a restaurant or bar setting. Bar stool injuries are similar to injuries that are related to defective chairs.
However, they can be more dangerous because of the height of most types of bar stools. Falls may occur due to various reasons, including:
- Weakness in the supporting parts of the stool;
- Cheap materials used in constructing the stool;
- Failure to repair old or worn parts of the stool; and
- Various other causes and fall hazards.
The injuries that result from a bar stool accident may include:
- Sprains;
- Broken bones, especially in the arm and wrist areas when trying to break a fall; and
- Back injuries, especially injuries to the tailbone.
Certain bar stool injuries may be severe and may result in long-term conditions or disabilities.
Who Can Be Held Liable for a Bar Stool Injury?
Depending on the circumstances of an individual’s injury, there are various parties that may be held liable for a bar stool injury. For example, the owner or operator of the bar or restaurant establishment may be held liable for negligence if an individual is injured due to a faulty bar stool.
An owner can be held liable if, for example, they knew or should have known that the bar stool was faulty but failed to repair or replace the stool. Additionally, the manufacturer of the bar stool may be held liable for injuries if there is a defect in the product.
For example, if there was a defect in the design of the bar stool, the manufacturer may be held liable for the individual’s injury. Liability for a bar stool injury may be reduced or otherwise affected if the injured individual contributed in some way to their own injury.
This may include factors such as:
- Assumption of the risk, such as when the individual knew of the risks that were associated with the bar stool yet continued to use it;
- Intoxication, which is common in bars and other types of establishments that serve alcohol.
Manufacturers, stores, and distributors can also be held liable if there is a product recall on the bar stool, but they continue to sell or use the recalled product.
Are There Any Legal Remedies Available for a Bar Stool Injury Claim?
The remedies that may be available for a bar stool injury claim may vary by state as well as the circumstances of the case. In the majority of lawsuits, the remedies will include a monetary damages award.
Monetary damages awards are intended to cover losses, including:
- Hospital bills;
- Medical expenses;
- Loss of wages ;
- Lost earning capacity;
- Other expenses related to the injury.
In some cases, a product recall may also be issued as a result of the injury. In cases where a restaurant or a bar owner is held liable, a court may require them to review or revise their safety standards.
What Should I Know About a Defective Product Lawsuit?
In order for an individual to successfully recover for their injuries that were caused by a defective product, the injured party, or plaintiff, must show three things:
- The product had an unreasonably dangerous defect;
- The product’s defect caused an injury while it was being used in its intended way;
- The product was not changed in any substantial way from how it was originally sold.
Examples of factors that may limit the amount of recovery can include:
- Knowing there was a defect before using the product;
- This means that if an individual decides to use the product despite being aware of its defect, the court may limit their recovery;
- The state’s statute of limitations;
- The plaintiff must bring their claim during the allowed time;
- Mishandling the product and ignoring warnings or instructions, which ultimately lead to the product breaking or being defective.
Certain defects may be created as a result of tampering or mishandling an item. An individual should be prepared to admit or deny any type of tampering that may have rendered the product dangerous or defective.
This is an important factor when determining defective product liability. Any party that is in the distribution chain of a product may be held liable for a product defect.
Examples of the parties that may be held liable in a product liability case include:
- The product’s manufacturer;
- The party that was responsible for the assembly or installation of the product;
- The manufacturer of the component parts;
- The wholesaler;
- The retailer that sold the particular product to the consumer.
It is important to note that there is a statute of limitations or a time frame in which an individual can bring their product liability claim. The statute of limitations in a product liability case is typically two years from the time of the injury or the time the injury should have been discovered.
Do I Need a Lawyer for Assistance With a Bar Stool Injury Lawsuit?
A bar stool injury may be very serious and may result in major losses or injuries. If you have been injured as a result of a bar stool, it is essential to consult with a defective products lawyer.
Your lawyer will advise you of the product liability laws that will apply to your claim as well as represent you in court. These types of claims may require expert witness testimony and complex legal analysis, which is best handled by a trained professional.
Having an attorney on your case will give you the best chance at recovering compensation for your bar stool injuries. It is important to consult with an attorney as soon as you can to ensure that you bring your defective product case within the statute of limitations in your state.
