The term defective product refers to several categories of errors that can cause unnecessary injury or harm to the user. There are countless products that have the potential to be defective or dangerous, and many of these products we use on a daily basis. From household cleaners and supplies to toys, automobiles and health or beauty aids, it is important to realize when a product is not working properly.
In some situations, it can take years to discover that a product is dangerous. Unfortunately, by that time many people may have suffered debilitating injuries or illnesses due to use of such products. Injuries caused by a defective product can also lead to lengthy hospital stays, doctor visits, lost wages and related medical bills both now and in the future. If you have suffered a personal injury from a product that is defective, you must be able to prove one of the following in order to seek compensation from the manufacturer, designer, distributor or seller of the product. In some cases, multiple parties may be responsible.
There are four different legal methods for building a product liability claim after you have suffered injury, and a skilled injury lawyer can help you determine the best approach for your specific situation. It is vitally important to choose the right type of claim so that you can reach a timely resolution and recover the compensation you need.
These cases involve injuries that were caused by a defect in the manufacturing of a product. One of the most common products affected by manufacturing defects are automobiles. Data from the General Estimates System suggests that vehicle defects contribute to 1.6% of all reported motor vehicle accidents. A minor error in the assembly of brakes, tires or steering wheels can create catastrophic accidents and devastating injuries.
Defects that arise during the product design phase occur even before the product is manufactured. In these cases, every product of that model that is produced is usually defective as well. In order to seek compensation from an injury caused by a design defect, you must be able to prove that there was a foreseeable risk of harm that could have been reduced or eliminated by using a more feasible design.
Improper Labeling / Failure to Warn
When a product is not sold with the appropriate labels to warn others about the correct way to use the product to avoid injury, there may be cause for a lawsuit. This error usually affects household appliances and other equipment that uses labels to provide instructions for consumers, and it can also include over-the-counter drugs. Dangerous drugs can be extremely complex cases to prove in court, and it is vitally important to secure the help of a legal professional early on.
Breach of Warranty
If you have been injured by a product that fails to perform according to its warranty, you may have a breach of warranty claim. This is the case regardless of whether the warranty is express or implied. As these claims deal with liability under contract law, it is important to have the help of a skilled attorney as you seek compensation.
When you or someone you love has been injured by a defective product, you must be careful to keep the product and any packaging, labels or instructions because these may play a critical role in proving your case. More than other cases, defective product cases can be legally complex and time-consuming to prosecute.
It is important that you select a legal representative who is both motivated and determined, so call my firm today.