Identifying Product Liability Defects
$375k Won for a Motorcycle Accident
The law holds manufacturers, distributors, and retailers responsible for damages caused by dangerous or defective goods. Products need to meet the expectations of ordinary consumers, meaning they should be safe and function properly. When a product fails to meet these expectations and causes harm, you may file a product liability claim. Our product liability lawyers handle cases involving manufacturing defects, design defects, and marketing defects.
Whether your claim falls under common law, contract law, tort law, or strict product liability, our legal team is prepared to guide you through the process. Contact our law firm for a free consultation and let our experienced product liability attorneys help you get the compensation you deserve.Product liability claims typically involve three types of defects:
Manufacturing Defect: This occurs when a product is improperly made, resulting in a dangerous defect. Examples include a car with faulty brakes or a contaminated batch of food.
Design Defect: This happens when the product's design is inherently unsafe. For instance, a child's toy with small parts that pose a choking hazard.
Marketing Defect: Also known as a failure to warn, this defect involves inadequate instructions or warnings about a product's risks. For example, a medication that lacks proper warnings about potential side effects.
Proving Fault in Product Liability Cases
$190k Won for a Slip & Fall
To win a product liability claim, you need to prove that a defective product caused your injury. This involves showing:
The Product Was Defective: Whether it's a manufacturing, design, or marketing defect, you must demonstrate that the product was faulty.
The Defect Caused Your Injury: There must be a clear link between the defect and your injury.
You Were Using the Product as Intended: You need to show that you were using the product according to its instructions or in a reasonably foreseeable way.
Understanding Strict Liability in Defective Product Cases
Strict liability means that a manufacturer is held responsible for a defective product, regardless of whether they were negligent. In strict liability cases, you only need to prove that:
The Product Was Defective: The product had a manufacturing, design, or marketing defect.
The Defect Caused Your Injury: The defect directly led to your injury.
You Were Using the Product as Intended: You were using the product correctly or in a reasonably foreseeable way.
Strict liability simplifies the process of holding manufacturers accountable, making it easier for victims to get compensation.
Filing Your Product Liability Claim
$150k Won for a Defective Knee Implant
When filing a product liability claim, it's crucial to act quickly. There are strict deadlines, known as statutes of limitations, which limit the time you have to file your claim. These deadlines vary by state and type of product.
Gather Evidence: Collect all relevant evidence, including the defective product, medical records, and any documentation of your injury.
Consult an Attorney: Our experienced product liability attorneys help you deal with the legal process and ensure your claim is filed on time.
File the Claim: Your attorney will prepare and file the necessary paperwork to initiate your product liability lawsuit.
Determining Responsibility in Product Liability Cases
In product liability cases, it's necessary to identify all parties that may be responsible for the defective product. This includes:
- Manufacturers
- Distributors
- Retailers
Manufacturers are typically the primary target in these cases because they design and produce the product. However, distributors, who act as intermediaries between the manufacturer and the retailer, can also be held liable. They have a duty to ensure that the products they distribute are safe. Retailers, the final point of sale, could also be responsible if they sell a defective product to a consumer.
Each party in the distribution chain has a role in guaranteeing that products meet safety standards and do not pose a risk to consumers. For example, if a defective product causes injury, the manufacturer might be liable for producing a dangerous product, the distributor for failing to catch the defect, and the retailer for selling the defective product.
.jpg)
