When a product is purchased from a company, the user expects that it will function properly and be safe to use. While this is usually the case, there are some times where a defective product is made. This may be seen if a mistake is made or protocol was not followed during production. When a defective product is made, it can malfunction and seriously injure a person using it. If a manufacturer acts negligently in producing correct products, they can be held accountable for any injuries they may cause as a result. This is done through product liability. Those who are injured by a defective product can enlist an experienced attorney to assist them during this time.
What is Product Liability?
Manufacturers are obligated by law to create products that are safe for consumers. This is called product liability. If they do not provide users with a standard of care during production, product liability laws can hold them responsible for any accidents that happen because of defective products. A defective product may be produced in the event of a mistake or if a manufacturer cuts corners while making it. This can put consumers at risk for injuries. Defects are sometimes seen with children’s toys, household appliances, or motor vehicles.
In addition to this, manufacturers are required to put warning labels on their products. This ensures users are aware of how to use the product correctly so that they do not become injured in the process. Without these labels, the manufacturer may be held liable for negligence if any injuries occur.
Types of Cases
There are many situations in which a person can become injured at the expense of a faulty product. These accidents can be categorized into three different case types that are typically seen in court:
- Design defect: When the design of a product harms a person because the designer did not consider user safety. To have a successful case, the injured party is required to prove a safer and economically feasible design existed and could have been used instead.
- Manufacturer defect: If the protocol is not followed during the production of a product, it may become defective and injured a consumer. When this happens, the manufacturer can be held responsible. For a case to be successful, the injured party must prove that the protocol was breached.
- Failure to warn: When a company does not provide users with a warning label for products that can injure someone if it is used incorrectly. It is important to not get rid of the product because it can be used as evidence in court.
When a person becomes injured due to a defective product, they may be able to receive financial compensation for any damages that were incurred. This may be if the injured person requires medical attention or experiences lost wages as a result of the accident. When this happens, these expenses can become difficult to handle. This is why a manufacturer may owe the injured party compensation if they are responsible for the damages.
Contact our Firm
If you or a family member have been injured as a result of property conditions and are looking to file a product liability claim, contact the Law Offices of Laurence C. Tarowsky today.