Products Liability Lawsuits Concerning Dangerous, Defective and Recalled Products
Dangerous products are sold everyday to innocent victims throughout the world. The product makers are liable for the injuries and deaths their products cause, whether they knew of the defects before selling them or not. If a dangerous product has damaged you or someone you know, you may have a legal right to compensation.
A products liability lawsuit may be brought by, or on behalf of, an individual injured or killed by a defective product against the manufacturer and possibly the wholesalers, distributors and seller of the defective product. Products liability lawsuits generally may involve several legal theories including negligence, strict liability, and breach of warranty.
In order to win a products case, the injured party must prove that the product is defective. A products liability claim or lawsuit do not depend on the degree of carefulness by the product defendant. This means a products liability defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, then the product defendant(s) will be liable for injury or other damages the product defect has cost.
There are three types of potential product defects that incur liability to manufacturers and suppliers: product design defects, product manufacturing defects and defects in the marketing of the product.
Design defects are inherent; they exist before the product is manufactured. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw. Design defects occur when the engineering or design process used by a company to design a product is faulty, resulting in a product that is unnecessarily dangerous. With a design defect, all of the items that come off a company’s assembly line have the same defect.
On the other hand, manufacturing defects occur during the construction or production of the item. A manufacturing defect occurs when a product is not manufactured as designed. While there may not be anything wrong with the product’s overall design, the manner in which it is assembled or manufactured is flawed or out of specs.
Defects in marketing deal with improper instructions and failures to warn consumers of latent dangers in the product.
Our law firm has investigated numerous defective products that are the subject of many product liability lawsuits. Defective products that have been investigated include:
If you or a loved one have been injured by a dangerous or defective product, then contact our law firm and talk to an experienced products liability trial attorney now. Due to the nature of these cases, the dangerous or defective products must be found and preserved as evidence, the scene of the accident must be documented and a full investigation must be started.