Personal Injury Lawyer
When a consumer buys a product, they are usually under the general assumption that it will not cause them any harm. In some cases, a consumer may get seriously hurt from using an item they pulled off a shelf or ordered online. The product may have become defective somewhere along the way, either during the creation, manufacturing or marketing stages. A consumer may want to seek compensation for their injuries and losses that resulted from using the product as instructed. Here are some of the most common questions consumers may have about product defect lawsuits:
What can I do to receive compensation for my injuries?
If you have been hurt or suffered financial loss because of a product defect, you may want to talk with a qualified attorney near you about your options. If you decide to take legal action against the company who created the product, there are certain elements that must apply to the incident:
- The consumer must be able to show that the product was defective or malfunctioned in some way
- The consumer must be able to show that the defect originated when in the possession of either the supplier, retailer, or manufacturer
- The consumer must be able to show that the defect or malfunction is what caused the injury
What are the different types of product defect?
There are many ways that a product may break, glitch or fail. However, what lays the foundation for a product defect lawsuit is when the item despite being used accordingly, caused harm to the consumer. The most common types of product flaws that can make an item defective include:
- Manufacturing Defect = the product was designed suitably, but the defect occurred during the manufacturing process
- Design Defect = the product was flawed to begin with due to its design
- Failure to Warn/Label = the company failed to provide proper warning labels despite knowing about a danger associated with the product itself
How can I prove that the product was defective?
If the consumer is bringing forward legal action due to negligence, then he or she must show that the defect caused the injury. In addition to that, the consumer has to show that the defect stemmed from the company failing to use reasonable care in the design, marketing, and manufacture of that product. If the consumer is suing for liability, then is must be shown that the product was unreasonably hazardous regardless of whether the product was properly designed or manufactured. Lastly, in a breach of warranty lawsuit, the primary focus is whether the item was deemed fit for use based on implied or written warranty.
What if I am not sure whether I am ready to invest in a lawsuit?
Many quality law firms offer free initial consultations for new clients. This can be a great way for consumers who were victims of product defect to decide whether they want to move forward with legal action. A product liability lawyer Charlottesville, VA offers who is knowledgeable in such cases can help you choose what is right for you based on the degree of injuries and financial loss you suffered.
Thank you to our friends and contributors at MartinWren, P.C. for their insight into product liability and your options if you’ve been injured.