• Sep
    11
    Posted in:
    Posted by: Jarve Kaplan Granato Starr

    What to do When a Product Defect Causes an Injury

    Think about all of the products that you use in a day. From the toothbrush and toothpaste that you use upon rising to the table lamp you read by right before you go to sleep, you not only rely on each one working but on the fact that you won’t suffer an injury as a result of using them. Unfortunately, injuries caused by a product defect happen every day, and when they do injured consumers have a right to pursue manufacturers, sellers and others responsible for their entry into the market. The method of pursuit is through a product liability lawsuit.

    If you’ve suffered an injury as a result of a product defect, there are several different claims that you can make. These include:

    • Defective design, which means that the manufacturer’s design was not reasonably safe for the product’s intended purpose or its foreseeable uses and was likely to lead to an injury.
    • Manufacturing defect, which means that though the design itself was safe, something went wrong in the manufacturing process that rendered the item unsafe and likely to lead to an injury.
    • Failure to warn, which either means that the manufacturer or seller knew or should have known that the item was unsafe and likely to lead to an injury – or that it was unsafe and likely to lead to an injury if used incorrectly – and failed to provide adequate warning or instructions.
    • Express warranty, which means that a product fails to meet the safety standards advertised or expressed by either the manufacturer or the seller.
    • Implied warranty of merchantability or of fitness for a particular process, which means that both the manufacturer and seller are responsible for an injury that occurs as a result of the breach of the expectation that the product will not be defective and will be fit for the purpose for which it is sold.

    When any of these circumstances apply to a situation where a consumer has been injured, the manufacturer, seller and others can be held financially responsible for the damages that result from the product’s use. The injured person needs to prove not only that they suffered an injury, but also that the product defect was responsible.  If this has happened to you, your first step should be to contact our experienced product liability attorneys to set up a free consultation to discuss what happened. We are here to help.

     

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