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At Dunk Law Firm, our product liability lawyers are skilled 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 accountable for releasing a product that they knew or should have known presented a threat to users.
The jurisdiction wherein the product liability case is filed will establish the liability of those associated with the chain of commerce as the faulty product passes from the manufacturer to the consumer. A person or company can be held responsible for a number of products ranging from faulty medical devices to foods that cause food poisoning.
If you or somebody you know has been injured by a defective product, you may be entitled to compensation. The lawyers at our law firm have a successful history of litigating product liability claims and recouping compensation for their clients. To see if our lawyers can help you, please fill out 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 main types 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 kind of defect will typically just be found in a small portion of a company's manufactured products. Based on the theory of strict liability, a manufacturer is responsible for any manufacturing defects that happen because of faulty construction, regardless of whether they took care throughout the manufacturing process. The plaintiff has to prove that the defect apparently behind their injury was present at the time of departure from the manufacturing facility where the goods were produced.
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 consumers. This kind 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 victim may have grounds for a design defect case and should contact one of our attorneys as soon as possible.
Failure to Warn
A products liability claim can also be brought for a manufacturer's failure to warn of possible hazards. Any party in the chain of distribution can be liable if warnings or directions could have prevented injury from foreseeable risks or if the warnings themselves, when followed correctly, led to the injury.
Who Can Be Held Accountable for a Defective Product Injury?
Depending on the specifics of the case, an injured consumer can pursue compensation from one or more responsible parties, including manufacturers, wholesalers, and/or retail outlets. Determining the defendant in a product liability case is not a matter of picking one responsible party over another; any party involved in a defective product's chain of distribution might be held accountable through a product liability lawsuit. When starting to assemble a claim 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 defective product.
What Damages Can an Attorney Help Me Recover in a Product Liability Claim?
Damages for injuries caused by defective merchandise are typically compensatory, special, or punitive. When a product liability lawsuit succeeds, the plaintiff might be eligible for damages covering:
Medical expenses can also spiral out of control, particularly when it comes to major accidents or malpractice, which might also be related to your product liability case.
Elements of a Successful Product Liability Claim
In a product liability lawsuit, plaintiffs are required to prove the following aspects in a negligence case:
Injuries resulting from faulty products can cause considerable physical, emotional, and financial strain. If you or somebody you know has been hurt by a faulty or defective product, the attorneys at our firm may 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.