Whether it was a small toy or a large vehicle, when you purchase a product, you expect it to operate as claimed and not cause harm. Unfortunately, the market is full of products that are defective and result in unfortunate injury to the buyer. Some of these defective product injuries can be quite serious. Therefore, it is important to have the help of a skilled personal injury lawyer by your side. Defective product cases can be challenging, especially when fighting against large manufacturers or corporations who are profiting from the product.
Theories of Product Liability Law
When establishing a claim within product liability law, an attorney will consider the circumstances of the case and test it against one of three possible legal theories of product liability: negligence, breach of warranty and strict liability. Strict liability is one of the most common ways that victims seek compensation for their injuries from a defective product. In such cases, the consumer must prove the product was defective prior to the release of the product and that the product caused the injury.
Three Types of Product Defects
Under the strict liability theory, you’ll need to establish what type of product defect exists in your case. These defects are rarely intentional. However, when a product becomes defective due to negligence during design or production, you can still hold the responsible party accountable for your injuries. In general, there are three main types of product defects:
- Design Defect. When the defect is in the design of the product, it was often a result of improper testing of the product or poor planning during production. However, design defects can be very dangerous and even fatal. For example, a car that was defectively designed with a narrow base can be prone to rollover during an accident.
- Manufacturing Defects. These defects can range from missing parts during manufacturing to the use of poor quality materials and toxic contamination. Unfortunately, just a small defect in manufacturing can result in a serious accident during consumer use.
- Labeling Defects. It is the company’s responsibility to include proper warning labels on their product. These labels must be visible and easy to understand. Labels must also list all possible risks or dangers. A simple “failure to warn” label on a toy with small parts can result in a choking death of an infant or toddler.
Taking Steps Against Your Defective Product
Are you the victim of a defective product? Call Attorney Darrell T. Farr in Stockbridge. We can walk you through the steps you need to take to have the best chance at getting the compensation you deserve. These steps include keeping the product as well as its packaging and instructions if possible. It is also important to act fast, as statutes of limitations rules can apply to defective product claims.