Product liability law is a branch of personal injury law that holds manufacturers, distributors, and vendors liable for accidents caused by defective products. If you or your loved one has been injured by a product, you may be able to sue for damages under product liability law. In this blog post, we will discuss the basics of product liability law and what you need to know if you are considering filing a claim.
What Constitutes a Defective Product?
A product is considered defective if it has any flaws that make the product unsafe for normal use. Defects can be categorized as manufacturing defects, design defects, or marketing defects. The type of defect dictates which parties in the supply chain may be held liable for damages resulting from an accident caused by a defective product. If you or your loved one has been injured by a defective product, it is important to consult with an experienced personal injury lawyer to determine if you have a valid claim.
Manufacturing defects are flaws in the actual product that occur during the manufacturing process. Design defects are flaws in the design of the product that make it unsafe for normal use. Marketing defects are errors in the marketing of the product that make it misleading or unclear to consumers. We will discuss each type in detail below.
Manufacturing Defects
Manufacturing defects are flaws in the actual product that occur during its manufacturing process. Manufacturing defects may include errors and mistakes made by workers on an assembly line such as poor quality control, incorrect packaging, contamination, and faulty assembly. If an injury results from a manufacturing defect, the manufacturer of the product may be held liable for damages.
Design Defects
Design defects are flaws in the design of a product that make it unsafe for normal use. Manufacturers are responsible for testing products properly and developing safety standards to prevent injuries caused by defective designs. If an injury is caused by a design defect, the manufacturer of the product may be held liable for damages.
Marketing Defects
Marketing defects are errors in the marketing of a product that make it misleading or unclear to consumers. Marketing defects may include labels and instructions that do not provide adequate warnings about using or assembling products safely. If an injury is caused by a marketing defect, the distributor or vendor of the product may be held liable for damages.
In addition to defective products, consumers can also file suit against manufacturers and distributors if they are injured by any toxic substance in a product. If you have been injured by an unsafe consumer good or toxic chemical, contact our firm immediately to discuss your legal rights.
How Do You Prove a Product is Defective?
If you or your loved one has been injured by a defective product, the first step in filing suit against the manufacturer or distributor of that product is proving it was defective. It is important to contact an experienced personal injury lawyer immediately after such an accident so they can begin investigating and gathering evidence to prove the product is defective.
When gathering evidence, your lawyer should obtain a copy of the police report and medical records relating to your accident. They will also want to interview any witnesses or people who can testify that they had similar accidents with that particular product. It may be necessary for you or your loved one to undergo further testing with your doctor to determine the extent of your injuries.
Filing a Product Liability Claim
A product liability case may be filed in either state or federal court, depending on where you live and how many parties are involved. If you were injured by a defective product and would like to discuss filing suit against its manufacturer or distributor, contact an experienced personal injury lawyer today for more information about your legal rights.
Saladino & Schaaf, PLLC’s attorneys are here to assist you. We work tirelessly to assist injured people in obtaining the compensation they deserve. Injury law is what we do.
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