Have you or a family member been the victims of defective products? If so, you may have grounds to file a claim against the manufacturer, wholesaler or distributor of the product, depending on the type of defect that caused the injury.
Thousands of people are injured each year by products that are dangerous and defective. Most of these injuries are covered under state or federal product liability laws. People or companies involved in making, selling or distributing the product could potentially be held liable in court.
What is product liability? Product manufacturers, designers and distributors bear a responsibility to create and sell products that are reasonably safe for consumer use. When they make decisions that place profit over safety, defective products could be produced. The results of these decisions could lead to serious injury, or even death.
In what ways might a product be dangerous or defective?
Design Defects. A product may have defects in its design. In these cases, a flaw in the original blueprint of a product could lead to an unreasonably dangerous product, and an entire product line may have to be scrapped. If discovered and addressed by the company early in the process, it could cost millions. If discovered and unaddressed by the company, it could create a serious and potentially deadly hazard to consumers.
Manufacturing Defects. A specific product may have a defect that took place during the manufacturing or assembly process. Manufacturers can be held liable for defects that occurred due to faulty construction or assembly, even if they diligently took steps to guard against such defects. In these cases, a plaintiff must prove that the defect that caused the injury was present before the product left the factory.
Failure to Warn. If the product that caused the injury did not include a warning label that explained how consumers could properly and safely use the product, the company could be liable. There are rules in place indicating that such warning labels must be highly visible and located near the hazard area.
State laws vary, and if you believe you’ve been injured by a defective product, you should consider hiring an experienced product defect attorney to guide you through the process. Most product defect attorneys work on a contingency basis and only get paid if you win in court or successfully settle out of court.