At Dunk Law Firm, our product liability lawyers are skilled in the laws that protect consumers against the harm posed by defective products. When a consumer sustains an injury due to a faulty product, a number of parties can be held liable for launching a product that they knew or should have known posed a risk to consumers.
The jurisdiction wherein the product liability case is filed will determine the liability of those involved in the chain of commerce as the defective product passes from the manufacturer to the consumer. An individual or company can be held accountable for a number of products ranging from defective medical devices to foods that cause food poisoning.
If you or somebody 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 recouping compensation for their clients. To see if our attorneys can help you, please submit our no charge, no obligation case review form today.
Manufacturing, Design, and Marketing Defects
If a person is hurt by a defective product, they might have grounds to file a claim against the manufacturer, wholesaler, or distributor, depending on the kind of defect The two main categories of product defects under federal law are design defects and manufacturing defects.
These are caused by an error in assembly and are not intended to be part of the product. This type of defect will typically only be found in a small percentage of a company's manufactured products. Based on the concept of strict liability, a manufacturer is liable for any manufacturing defects that happen due to faulty construction, regardless of whether they took care throughout the manufacturing process. The plaintiff has to prove that the defect allegedly behind their injury existed at the time of departure from the manufacturing facility where the goods were made.
A design defect is a flaw in the original blueprint of a product that causes it to be unreasonably hazardous and creates a risk for potential consumers. This type of defect will generally be found in all of a company's manufactured products.
Three questions are asked to determine whether a design defect exists:
If any of these questions are answered affirmatively, the victim might have grounds for a design defect case and should speak with one of our lawyers immediately.
Failure to Warn
A products liability claim can also be brought for a manufacturer's failure to warn of potential risks. Any party in the chain of distribution can be responsible if warnings or directions could have prevented injury from foreseeable risks or if the warnings themselves, when followed properly, resulted in the injury.
Who Can Be Held Accountable for a Defective Product Injury?
Depending on the specifics of the claim, an injured consumer can seek 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 defective product's chain of distribution might be held accountable with a product liability lawsuit. When beginning to assemble a case for a defective product, it is necessary to include any party associated with the chain of distribution.
Any or all of the above parties could be held accountable for damages resulting from an injury due to a faulty product.
What Damages Can an Attorney Help Me Recover in a Product Liability Lawsuit?
Damages for injuries caused by faulty products are typically compensatory, special, or punitive. When a product liability claim succeeds, the plaintiff may be eligible for damages covering:
Medical bills can also spiral out of control, especially when it comes to major accidents or malpractice, which could also be associated with your product liability case.
Elements of a Successful Product Liability Case
In a product liability claim, plaintiffs are required to prove the following aspects in a negligence claim:
Injuries resulting from faulty products can lead to substantial physical, emotional, and financial strain. If you or a person you know has been hurt by a faulty or defective product, the attorneys at our office may be able to help. To get in touch with one of our product liability attorneys, please fill out our no cost, no obligation case review form today.