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What is Product Liability?

Personal injury attorneys

Understanding Product Liability in Defect Claims

Product Liability is an important field of law for personal injury attorneys who work to enforce the rules and responsibilities of companies supplying their goods to the public. If you have suffered injury or loss as the result of a defective product it can be difficult knowing how to proceed. Seeking counsel from a trained personal injury attorney is always a smart move, but it may be wise to first identify what kind of a case you might have. Knowing the particulars upfront can help simplify and streamline the process. Consider the following questions and figure out if you have suffered from a product liability defect:download full film Annabelle: Creation 2017

Was there a defect in the way it was made?
When issues arise with a product during the construction process we refer to it as a manufacturing defect. These are products made contrary to the intention or standards of the manufacturer yet ultimately still make it to the shelves. Most commonly this happens due to things like sub-par production methods or low-grade materials. A few examples of manufacturing defects could be:

  • A hot-water bottle made with a leak in the side
  • Faulty hardware in an electronic device
  • Processed food that has been contaminated

Was it badly designed?
If something has been built exactly as planned but still fails to function satisfactorily we call it a design defect. The noteworthy distinction with these kinds of deficits is that the product may be extremely well made but will nonetheless always fail to achieve its purpose (safely or otherwise). Usually this leads to a whole range becoming compromised due to being ineffective or dangerous, resulting in recall.

  • A line of cars with airbags which fail to deploy
  • Stereo speakers which blow well under the maximum setting
  • Cruise control system prone to failing under usual weather conditions (i find more information.e. rain)

Did it fail to adequately warn of potential dangers?
When a person is hurt by a product due to a non-obvious danger that could have been avoided with appropriate warnings, there may be grounds for a failure-to-warn defect. If you have suffered personal injury as the result of some unexpected hazard despite using the product normally, you might have a valid claim. Some examples personal injury lawyers usually see include:

  • A combustible cologne sold without a flammable warning
  • A laptop which contains a battery prone to dangerous overheating sold without cautioning users
  • Pharmaceutical interactions not listed for commonly taken drugs

What makes a claim?
Now just because the product possesses one of these defects does not mean you have a case. In order for a product liability claim to have merit you must have been injured or suffered loss as a direct result of the particular defect, whilst using the product correctly. This means that the accident/loss must have occurred because of the defect in particular, not just while using a product which happened to be defective. It also means if you experienced a defect whilst using the product incorrectly, (for example, a chair which buckles under the weight of someone standing on it) a claim will likely fail. Nevertheless if you suspect you may have suffered pain or damages as a result of one of the above scenarios do not hesitate to contact a personal injury attorney for advice immediately.

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