A defective product is a product that causes injury to an individual due to some form of design, manufacturing or marketing defect. Defective products, in severe cases, can cause injuries such as lacerations, broken bones, burns, brain damage, spinal cord injuries, and even wrongful death.
When products do not work as intended due to no fault of your own, you may be eligible for compensation. “It is your right to fight for damages whenever a product you spent your money on causes you any harm,” says Yates and Wheland attorney Allen Yates. A product liability lawsuit can be filed by an individual who a defective product has hurt.
Product liability refers to a manufacturer’s or seller’s legal obligation to reimburse users for losses or injuries caused by faulty products bought. If you are a victim of product defect and suffered damages or losses in the process, consult with an experienced personal injury lawyer who will help you file a claim and get your due compensation.
Defective Product Claims
Many product liability cases fall into one of three categories: negligence, strict liability, or warranty breach.
#1.Negligence
The people involved in designing, manufacturing, or distributing a product must ensure safety. If any of these people fail to take reasonable care and cause injury due to their activity (or inaction), they can be held accountable. Design flaws, reckless mistakes in product manufacture, and failure to warn consumers of a product’s dangers are examples of negligence claims under product liability law.
#2.Strict Liability
While negligence claims demand proof of negligence, strict liability claims hold a manufacturer, supplier, or retailer responsible for harm resulting from a defective product regardless of fault or purpose. If a product is discovered to be unreasonably dangerous to users, designers and manufacturers of the product may be held liable in court.
#3. Warranty Breach
A breach of warranty happens if a party violates a product’s warranty. The warranty breach claims may fall under product liability law when manufacturers, suppliers, or retailers fail to fulfill a previously expressed or implied promise to consumers that a product is defect-free.
Defects in Products that Cause Liability
The three types of product defects for which manufacturers and suppliers are liable include:
#1. Design Defects
Design defects are inherent in the product since they exist before manufacturing. The product may serve its purpose adequately but may be unnecessarily harmful due to a design defect.
#2. Manufacturing Defects
Manufacturing defects occur when defects are in the construction or assembly of products and any components. A bottle of prescription medications, for example, could get contaminated in a processing facility. If this manufacturing defect results in consumer injury, the manufacturer may be held accountable.
#3. Defects in Marketing
Defects in marketing refer to the failure to warn the users of hidden dangers in the product and advise them on its proper utilization. In some cases where the instruction manual gives a danger warning, but it is hard to see or imprecise, the court still calls it “failure to warn.” However, in many cases, conspicuous stickers or other packaging warnings are required to effectively warn the consumer of the risk of harm or death.
Generally, a warning must be clear and concise, visible, and easy to find; the location can be on the product package, the product itself, the instruction book, or all three places. The warning should also be understandable; Manufacturers now include other languages so that kids and non-English speakers can get informed of potential hazards.
Product Liability Case Preparation
The first few days after an accident are crucial in establishing a successful product liability claim. After receiving the appropriate medical treatment, contact a product liability attorney to get legal assistance with your case.
The product that causes an injury to a potential plaintiff must be secured right away to assure its accessibility later. Keeping this product will be a requirement in proving a product liability claim. When the product is in the hands of a third party or one of the prospective defendants, your attorney may submit a motion for a temporary restraining order and a preliminary injunction to prevent the product from being altered or tested destructively.
The date of the initial sale, the dealer and distributor names, future purchases, lessees, and users are all things your attorney will want to learn about the product. It is critical to track down the instruction manual, assembly manual, warranties, and other written materials that came with the new product when it was first sold and distributed.
What Guarantees Litigation Success?
Most successful product liability lawsuits almost always necessitate the involvement and evidence of an expert. Engineers, safety specialists, and medical professionals are the experts hired in product liability lawsuits.
Early in the litigation process, finding a qualified expert is the most critical aspect of proving a plaintiff’s case. Expert testing of the product at issue, whether destructive or non-destructive, may be required in relevant instances to evaluate if there is proof that the product failed or may fail in the way claimed by the plaintiff.
Final Thoughts
When harmed by a defective product, you have the legal right to seek redress from the responsible parties. A product liability case is a difficult task that needs expert witnesses, medical evidence, and a thorough grasp of negligence law. Call a product liability attorney to learn about the strength of your claim and if you have a cause of action.