People purchase new products with the expectation that they are safe to use. Generally, this is the case. However, if a manufacturer does not produce an item to the best of their ability, it can become defective. When this happens, it can malfunction and cause severe, life-changing injuries to consumers.
If a manufacturer produces and sells a faulty product, they can be held liable for any accidents or injuries that occur as a result. This is possible through product liability laws. When an injured party wants to hold a manufacturer liable, it is important to hire an experienced attorney to assist their case.
What is Product Liability?
Manufacturers have an obligation to make sure their products meet certain standards. This requires them to make and sell products that are safe to use. If they fail to meet these standards, accidents can happen and cause injuries. Defects sometimes occur in children’s toys, household appliances, and sometimes even motor vehicles.
One standard that manufacturers are required to meet includes providing warning labels on their products. With this, consumers are aware of how to use a product correctly to avoid injury. This helps manufacturers to avoid lawsuits in the event that an injury does happen due to incorrect use of the product. If a manufacturer fails to provide a warning label, they may be held liable for negligence if an injury happens.
Types of Cases
Product liability cases can be categorized in three ways:
- Design defect: The design of a product can cause injuries if the designer did not consider user safety. To have a successful case, the injured party must show that a safer and economically feasible design could have been used.
- Manufacturer defect: When a product experiences a malfunction and causes an injury because a manufacturer did not follow protocol during the production
- Failure to warn: When an injury happens because a manufacturer did not make a warning label. It is important to keep this product to be used as evidence in court.
If someone becomes injured due to a defective product, they may look to hold the manufacturer responsible. This can be done through a personal injury lawsuit. In doing so, the injured party must prove negligence. This can be done by providing evidence that shows the accident and their injuries were a result of the manufacturer’s poor behavior. Evidence can consist of pictures, medical documentation, and witnesses.
Through this case, the injured party may be able to receive financial compensation. Injuries from defective products often require medical assistance, leading to overwhelming bills. With this compensation, the individual can have coverage for these added expenses.
Contact our Firm
If you or someone you know sustained an injury in a personal injury accident and wishes to speak with a skilled attorney, contact The Law Office of Roosevelt Nesmith today.