Proving A Product Liability Case: What You Need To Know
Recovering Compensation For a Defective Product
When a consumer purchases a product, they do not expect that use of the product will cause them any harm. However, thousands of people are injured due to defective products every single year. The good news is that there are legal remedies that a victim or their family can pursue against a manufacturer or other related company in the event of injury or death. Here is a short guide to products liability law.
There are three types of liability that a plaintiff can assert when filing a products liability lawsuit: manufacturing error, defective design, and a failure to warn.
- Manufacturing Error. This theory states that the product picked up an unintended defect during the manufacturing process, and that this defect caused the victim to suffer injury as a result. For example, if the brakes in a car fail to work when the driver presses down on the pedal and crashes as a result, the faulty brakes are the defective product and the company who made the car is liable to the driver for his or her injuries.
- Design Defect. This type of liability has to do with the way the manufacturer designed the product as opposed to how they actually made the product. The plaintiff must show that the designer’s plans created a hazard in the product that was unreasonable for consumer use. An example of this is a smartphone that has a battery that’s prone to catching on fire when used for long periods at a time. In today’s technologically advanced world, it is a reasonable assumption that someone owning a smartphone might need to be on it for long periods at a time. If their smartphone is prone to catching on fire, the flammable battery can be called a defect in the phone’s design.
- Failure To Warn. The last type says that the manufacturer, distributor or retailer of a product can be held liable for a failure to provide adequate warnings to the user if injuries were sustained. For example, a children’s toy may come with a notice stating that the product has small parts and could be a choking hazard if not carefully monitored.
Proving Your Case
Getting the proper evidence to prove your product liability case can be tricky for some theories. It is difficult, for example, to find definitive evidence that a product’s original design was unreasonable for standard use. Manufacturing errors, on the other hand, can be a little easier to trace through the supply chain. Seeking the help of an experienced product liability attorney is the best way to determine the likelihood of your case’s success.
Any member in the supply chain can be sued in a product’s liability case: the manufacturer, the distributor, and the retailer. This is to prevent companies from passing liability to someone else and making the victim spend more time and money attempting to prove their case. Each part of the chain has a duty to provide their customers with safe products, no matter if they are at the beginning or end of the chain.
Be aware of user error defenses. A vital part of providing a product liability case is showing that the victim was using the good as it was intended. Electric hedge trimmers are not meant to be used to cut hair, for example, and this unreasonable misuse of the product could bar recovery.
Contact A Linwood Product Liability Lawyer to Discuss Your Defective Product Case Today!
Were you or a loved one injured in an accident caused by a defective product? You have the right to recover damages from the manufacturer to compensate you for your losses. But taking on the big companies by yourself can feel like an impossible task.. Right now, you need an aggressive product liability attorney on your side, fighting to get you the compensation you need, want, and deserve. The Law Offices of Richard A. Stoloff represents clients injured due to defective products throughout New Jersey. Call 609-601-2233 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 605 New Road, Linwood, NJ 08221, as well as an office in Philadelphia 500 JFK Blvd, Suite 520, Philadelphia, PA 19102.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.