Product Liability Lawyer
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WHAT IS PRODUCT LIABILITY?
Defective products that cause harm to the consumer are considered product liabilities. When someone is injured or harmed by a product, several parties can be held responsible. Product liability attorneys are well-versed in what makes a claim and how consumers can receive compensation after harm caused by a defective product.
Anything that poses a risk to consumers can cause a product liability case, from foods that lead to food poisoning to faulty medical devices that result in medical malpractice. Even issues within a vehicle pose a risk to consumers. Whether there is a manufacturing or design defect, the manufacturer, wholesaler, or distributor should be held liable for any pain and suffering that results. After an injury due to product defects, it’s crucial to reach out to a lawyer right away.
There are three main types of product defects. A manufacturing defect is an error in the assembly that’s not intended to be part of the product. Typically, this type of product defect is only found in a small percentage of manufactured goods. Still, any manufacturing defect that causes pain and suffering is worth investigating. A product liability lawyer will have to prove the defect was present at the time of departure from the factory where the good was produced.
Children’s products were recalled in 2019.
Incidents were reported before the recall of the 58 products.
The average number of incidents per recalled product.
On the other hand, a design defect is a flaw in the original makeup of a product that creates a dangerous or defective product. Unlike manufacturing defects, this design flaw will be found in all of the company’s products.
Finally, defective warnings can lead to injury and are a crucial part of product liability law. Even if a product has no flaws, a product liability lawsuit can still occur when there are inadequate warnings about the safety of a product. Defective warning cases can also result when manufacturers fail to instruct a customer on using the product correctly.
All defect product cases result when harm, serious injuries, or even wrongful death occurs due to a dangerous product. When dealing with the consequences of using defective products, you must contact a lawyer right away. You can make a product liability claim and even receive compensation for your injuries, medical bills, and lost wages.
TYPES OF PRODUCT LIABILITY CLAIMS AND CASES
Defective product cases vary depending on what kind of manufacturer flaw caused the injury and how product liability attorneys can argue their claim. Negligence is one way that a lawyer can do that. It involves showing that carelessness in the design or the creation of the product resulted in injuries.
In negligence cases, the injured party must demonstrate that the defendant had a duty to sell a safe product. Then, the consumer must show how the defendant breached this duty. A “breach of duty” is proven by showing the defendant knew or should have known that the product was defective or could cause harm. Plaintiffs also have to show that the defective product was responsible for their injuries.
Unfortunately, negligence can occur in any phase of product development. Mistakes can be made during part of the process, which includes but is not limited to:
- Designing product plans
- Reviewing the design
- Maintaining the machinery to produce products
- Testing the product
- Releasing the product
Strict liability cases are a little more straightforward than proving negligence. To claim strict liability, the injured person has to prove that there is a defect in the product and that their injury resulted from this defect. Liability law can hold manufacturers accountable for this type of malfunction that leads to harmful defective products. In these cases, the product has to be purchased directly from the distribution chain, not acquired second-hand.
In general, this type of claim applies to many cases involving dangerous products; it can also apply to pet owners and unreasonably hazardous activities. Courtrooms can assign liability even if the plaintiff doesn’t have proof of negligence or harmful intent. The defendant will still be held accountable for damages. The plaintiff can receive financial compensation without proof of fault. These claims require the establishment of one of three kinds of defects:
- A manufacturing plant creates an item according to proper design specifications, however, it could still cause injury due to a dangerous element of the design. This product then causes injury.
- A defect occurs at some point in the manufacturing process, between design and product distribution. This error alters the product from its original design, causing injuries.
- A manufacturer fails to create proper instructions or safety warnings somewhere on an item when the product poses a non-obvious risk to people. This lack of warning in an item’s marketing then causes damages.
If the plaintiff’s lawyer demonstrates that the item in question contained one of these three defects, then the rules of product liability have to apply to the case. The plaintiff’s lawyer does not even need to prove the company was guilty. All they have to establish is that the product was used as intended, it contained a defect, and it caused damages.
Breach of Warranty
Breach of warranty is another type of claim that can occur. There are two warranties that buyers rely on, and when those aren’t met and injuries happen, it’s grounds for a claim. Express warranty covers the representation of a product and its safety by either the manufacturer or the retailer. An implied warranty is an implied promise by liable parties that the product will not cause harm when used as intended.
Most Common Liability Cases
No matter what type of claim arises, a knowledgeable liability attorney can help you win your case. Unfortunately, there are many products on the market today that are unreliable or defective, causing dangerous situations for their users. The most common product liability cases have been the result of defective:
- Medical devices
- Workplace products
- Recreational products
- Children’s products
- Household products
- Seatbelts and seatbacks
- Brakes and other auto parts
- Car seats
- Baby strollers
- Sports Equipment