Product liability is the law applied when a defective product (an item that was bought) causes injury or death. A defective product can often be at the heart of another accident case, such as an auto accident or workers compensation accident, and it often requires further in-depth investigation. An experienced attorney knows what to look for in order to determine that the product is the real cause of the accident. Some cases may require hiring an expert witness such as an engineer or other professional in order to fight on your behalf. We have worked with a number of such professionals over the years and have access to, and are willing to put our money on the line to hire the necessary professionals to advance your case.
Manufacturers have a responsibility to create products that are safe for consumers. When they fail to do so, it may result in severe injuries or even loss of life. If you have been injured and believe it was caused by a defective or dangerous product, a defective product lawyer may be able to help you obtain compensation for your losses. Almost any type of product that is poorly designed or manufactured, or not properly tested could potentially be defective and unsafe, leading to injuries or even loss of life.
Products can include (but are not limited to) motor vehicles and their components (such as defective airbags or faulty brakes), prescription drugs, consumer items (such as strollers, cribs, appliances, toys, and grills), propane tanks, construction machinery, medical implants, and building materials. A product does not have to necessarily break in order to be considered defective. Frequent types of defects include:
- Design flaws,
- Inadequate instructions,
- Bad labeling,
- Faulty assembly, and/or
- Lack of adequate warnings.
Usually you do not need to prove negligence in a product defect case. Under the theory of strict liability you need only prove that:
- The product was unsafe for its intended use;
- You used it as was intended; and
- The product caused your injury.
The defect must make the product unreasonably dangerous for its actual use or any reasonably foreseeable use. A product liability lawyer may also be able to help pursue a claim against multiple entities, including:
- The manufacturer of the product,
- A manufacturer of the products’ parts,
- The retail store that sold the products, or
- Other potentially negligent parties.
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The damages you are able to recovery are the same as in negligence cases: lost wages, medical bills, future medical costs, property damage losses, and damages for pain, suffering and lost capacity for the enjoyment of life due to permanent injuries. If the injured individual is married, their spouse may also recover for the loss of support and consortium.
If you or a loved one has been injured by an unsafe product, please contact our office to schedule a free consultation.