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Product Liability

As consumers, we tend to believe the products we buy are safe for us to use, but that’s not always the case. Retailers, manufacturers, and product designers make mistakes, and these mistakes can lead to defective products. A product is defective when it does not do what it is intended to do. Unfortunately, some defective products can cause injuries or fatalities.

Injuries can range from minor to severe, depending on the type of product and defect. Victims may be entitled to compensation for their medical expenses, lost wages, future lost wages, and pain and suffering. Speak to an attorney today to discuss your legal options and rights under your state’s product liability laws.

Types of Product Defects

There are three different types of product defects that could injure you, including:

  • Design Defects: If the product was dangerous because of the design, this is a design defect. For example, if a power tool is designed so the operator’s hand is not protected from the blade, this would be a design defect.
  • Manufacturing Defects: If the product was designed correctly, but then an error occurs during the manufacturing process, this is known as a manufacturing defect. For example, if the power tool was designed to protect the operator’s hand, but the protection shield was not installed correctly during the manufacturing process, this is a manufacturing defect.
  • Marketing Defects: Consumers must be made aware of any risks associated with using a product. If a product does not have instructions or warnings on the package and an injury occurs as a result, this is a marketing defect. Using the power tool example, if the packaging did not have instructions on how to safely use the tool, this would be a marketing defect.
  • It’s important to note you cannot file a product liability claim if you were not using the product as it was intended to be used. In these cases, the manufacturer, retailer, designer, and other parties are not liable for any injuries caused by the product.

    Also, warnings are not required on every product, so the absence of a warning does not always mean there is a marketing defect. Manufacturers are only required to add a warning when the product presents a danger, the manufacturer is aware of the potential danger, and the danger may not be obvious to the average product user. Manufacturers are only required to warn you against dangers that could arise when you are using the product as it is intended.

    Liability For Product Defects

    A few different parties may be liable for the injuries caused by a defective product. In order to determine who is liable for your injuries, you will have to identify the type of product defect. Designers and engineers involved with the product design will be held liable for design defects, while the manufacturer will be held liable for manufacturing defects. Manufacturers are also responsible for marketing defects, as they have a duty to warn consumers of the dangers associated with using a product.

    An experienced attorney at the Trial Lawyers for Justice can review the details of your case and help you determine which parties should be held liable for your injuries.

    Help For Victims of Defective Products

    Retailers, manufacturers, designers, and distributors should be held liable when they sell a defective product to consumers. If you or a loved one has been injured because of a defective product, you will need legal assistance from an experienced attorney. Contact the team of attorneys at the Trial Lawyers for Justice to discuss your legal options. Call 888-811-0844 to schedule a free consultation today.