At Dunk Law Firm, our product liability attorneys are well-versed in the laws that protect consumers against the harm presented by defective products. When a consumer sustains an injury as a result of a faulty product, a number of parties can be held liable for releasing a product that they knew or should have known presented a threat to users.
The jurisdiction in which the product liability claim is filed will establish the liability of those involved in the chain of commerce as the defective product passes from the manufacturer to the consumer. A person or company can be held liable for a number of products ranging from defective medical equipment to foods that cause food poisoning.
If you or someone you know has been injured by a defective product, you might be entitled to compensation. The attorneys at our law practice have a successful history of litigating product liability claims and recovering compensation for their clients. To see if our lawyers can help you, please complete our no charge, no obligation case review form today.
Manufacturing, Design, and Marketing Defects
If somebody is injured by a defective product, they might have grounds to file a claim against the manufacturer, wholesaler, or distributor, depending on the type of defect The two primary types of product defects under federal law are design defects and manufacturing defects.
These are caused by an error in assembly and are not meant to be part of the product. This kind of defect will generally just be found in a small portion of a company's manufactured products. Based on the theory of strict liability, a manufacturer is liable for any manufacturing defects that happen as a result of faulty construction, regardless of whether they took care throughout the manufacturing process. The plaintiff has to show that the defect allegedly behind their injury existed at the time of departure from the factory where the products were made.
A design defect is a defect in the original blueprint of a product that causes it to be unreasonably hazardous and creates a hazard for potential users. This type of defect will usually be found in all of a company's manufactured products.
Three questions are asked to identify whether a design defect exists:
If any of these questions are answered affirmatively, the injured party may have grounds for a design defect claim and should speak to one of our lawyers as soon as possible.
Failure to Warn
A products liability claim can also be brought for a manufacturer's failure to warn of possible risks. Any party in the chain of distribution can be accountable if warnings or directions could have prevented injury from foreseeable risks or if the warnings themselves, when followed properly, led to the injury.
Who Can Be Held Responsible for a Defective Product Injury?
Depending on the specifics of the claim, an injured consumer can pursue compensation from one or more liable parties, including manufacturers, wholesalers, and/or retail shops. Determining the defendant in a product liability case is not a matter of choosing one liable party over another; any party involved in a faulty product's chain of distribution may be held accountable through a product liability claim. When starting to assemble a claim for a defective product, it is necessary to include any party involved in the chain of distribution.
Any or all of the above parties could be held accountable for damages resulting from an injury due to a defective product.
What Damages Can a Lawyer Help Me Recover in a Product Liability Lawsuit?
Damages for injuries caused by defective goods are generally compensatory, special, or punitive. When a product liability lawsuit is successful, the plaintiff may be eligible for damages covering:
Medical expenses can also spiral out of control, particularly when it involves serious accidents or malpractice, which could also be related to your product liability case.
Elements of a Successful Product Liability Case
In a product liability claim, plaintiffs are required to show the following components in a negligence claim:
Injuries resulting from faulty products can result in substantial physical, psychological, and financial stress. If you or someone you know has been injured by a faulty or defective product, the lawyers at our firm might be able to help. To get in touch with one of our product liability attorneys, please submit our no cost, no obligation case review form today.