Even with all of the regulations and guidelines that manage which products can be sold here in the United States, there are faulty products that slip through the cracks. Unfortunately, these products can result in injury to unknowing consumers. If a child has been injured by a defective toy, a driver hurt because of a malfunctioning car part, or any other accident occurs, then one of the most important things you can do is call a product liability lawyer for assistance.
Product Liability: What You Need to Know
The term “product liability” refers to the responsibility of manufacturers, retailers, and other people/businesses involved in ensuring that their products are safe to use. This liability is a legal obligation, which is why companies and people can be held liable if they knowingly release dangerous products into the marketplace.
If the product harms a consumer, then there might be compensation available for the injured victim(s). Additionally, these defective products need to be fixed or taken off the market to avoid injuries in the future.
The truth is that you have consumer rights when a product is used as designed and an injury occurs. When you or a loved one is injured, then it’s time to call a product liability lawyer without delay. Not only can you receive money for medical bills, but there is often additional compensation available for lost wages, pain and suffering, and more. An experienced attorney can provide guidance and information to maximize the compensation that you can receive.
What is a Defective Product?
There are multiple reasons why a product might be categorized as “defective.” Legally, if the item is unreasonably dangerous for its intended use, then it could be categorized as a defective product.
Just because a product can cause injury doesn’t mean it’s defective though. In order for a product liability claim to be valid, the defect must be the reason why an injury occurred – while the person was using the item in the way it was intended.
Three main categories of product defects include:
- Design Defects: The design is flawed in some way, which makes the product dangerous. Even when it is manufactured correctly, it could cause harm to the consumer. An example of a design defect is if a car’s gas tank is prone to explosion in a small collision and a person is seriously injured or killed because of the explosion.
- Manufacturing Defects: Another error that might result in injury is if a problem occurs in the manufacturing or assembly of the product. When there is a manufacturing deviation from the original design that makes it dangerous, then you might benefit by talking to a product liability lawyer. An example of a manufacturing defect is if a batch of medication is contaminated with unwanted substances during the production process, resulting in negative and unexpected side effects for the patients.
- Marketing Defects: The last type of product defect is related to the marketing and distribution of the product. If there are known dangers, then adequate warnings and instructions must be placed on the label. Without these warnings, the manufacturer and distribution teams might be found liable for any related injuries. An example is if a cleaning product has corrosive ingredients that could cause damage or injury and there is no warning on the bottle label.
Who is Liable for a Defective Product?
Each case is unique, which is why it’s so important to consult with a personal injury lawyer for personalized recommendations. In order to determine liability, it’s necessary to complete a full investigation so that you can show how the defect resulted in injury and which parties could have prevented the injuries.
While it’s easy to understand manufacturer liability if a product defect is the result of a manufacturing error, there might be other parties involved in the case. For example, distributors, retailers, and sometimes even product designers might be held responsible if they knew about the potential injuries and continued selling the products without proper warnings.
Not only do the issues need to be corrected to prevent recurring injuries, but it’s also common for a product recall to be necessary so the dangerous products are no longer being used.
Your product liability lawyer will help you navigate the many consumer protection laws to determine the right course of action to protect you and your loved ones, while also minimizing the risk of other people experiencing the same injuries.
What To Do When a Product Liability Injury Occurs
Most people don’t have experience navigating product liability claims, so they are unsure what to do in this situation. Follow these steps:
- See a Doctor: Your health and safety is priority, which is why seeking medical attention should always be the first step. Not only do you need treatment for the injuries, but it’s also important to document the injury.
- Keep Evidence: Hold onto anything that might be used as evidence, such as the product, receipts, packaging, and more.
- Document Everything: In addition to medical documents, keep records of anything else that can be used to prove your case. Take pictures, keep a journal of your experience, and ask for any witnesses to provide their testimonies.
- Talk to a Lawyer: You need legal assistance as soon as possible. Hire a product liability lawyer who can help with the investigation, evidence, negotiations, and litigation.
- Time Frame: Don’t delay your decision to move forward with a product liability claim. Make sure you are taking action within the statute of limitations.
FAQ
What to do if injured by a defective product?
Always seek medical attention first, then consult with a lawyer as soon as possible to get help with building your case. It’s important to have legal support through all stages of your recovery.
How to file a product liability lawsuit?
Don’t try to file the lawsuit on your own. Instead, find an attorney who has experience with other similar cases. Often, there are no upfront expenses for these legal services because the attorney will be paid a percentage of the compensation you receive.
Call an Experienced Product Liability Lawyer
If you need to talk to a product liability lawyer, then our team is here to help. Reach out to us at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. for more information about available services: (504) 522-2304.
