Determining Liability In Defective Product Cases

The marketplace in the United States is full of millions of products. From the medications we take for our health to fertilizers that help farmers’ crops to the cars we drive every day and more, people use many products throughout the day. The one thing all of these products have in common is that consumers never question their safety. People simply assume that the products they need will work and in most cases, they do. Unfortunately, though, that is not always the case.

Any product can be defective, particularly when the manufacturer, seller, or retailer was negligent. If you have been hurt by a defective product, it is possible to file a legal claim against the liable party for financial compensation. The first step is determining who caused your injuries. Below, our friends at Big River Trial Attorneys explain who may be liable in these situations.

Negligence During The Manufacturing Process

When a company manufactures a product and there is a mistake made during the process, the manufacturer can be held liable. For example, a manufacturer may make pharmaceutical drugs. If, during the process of manufacturing a certain type of medication it became accidentally contaminated with toxic components, that is a manufacturing error. A manufacturing error occurs when the end product is not the same as it was intended, or designed to perform.

Negligence During The Design Process

Design errors are also included in product liability laws. Design defects differ from manufacturing defects because they do not occur during the manufacturing process. Instead, they occur even before a product is made because the design is inherently defective or dangerous. For example, a makeup company may include carcinogenic substances that cause cancer in their product lines. Often, when one product has a design defect the entire line of products has the same defect.

After being hurt by a product with a defective design, you can file a claim against the entity that designed it, or the manufacturer. To be successful with your claim, you must establish the fact that the defective design makes injuries more likely.

Liability For Failure To Warn

Some products are inherently dangerous. Tools, heavy machinery, and even vehicles are just a few types of products that can cause serious harm, particularly if they are not used properly. When this is the case, manufacturers have a legal duty to warn consumers of the possible dangers associated with using the product.

For example, many types of heavy machinery have adjustable safety guards to prevent workers from getting pulled into machines, to shield people from sharp blades, and more. With these types of products, manufacturers have a legal duty to warn consumers of the risks associated with using them, and to provide instructions regarding the safe use of the product.

What Is Strict Liability In Defective Product Cases?

While most personal injury cases rely on the legal theory of negligence, that is not always the case with product liability claims. Courts often lean on the legal concept of strict liability in cases involving defective products. Strict liability means that you do not have to prove that a manufacturer, seller, or retailer was negligent and that you suffered injuries as a result. You must only prove that the product was faulty and that you were hurt due to the defect.

It is not always easy to determine whether strict liability will apply to a case, or whether you will have to prove negligence. This is one reason it is so critical that you speak to a product liability lawyer any time you are injured due to a defective product. An attorney will advise you of the laws applicable in your case and will prove that you deserve financial compensation for your injuries.

Defendants In Product Liability Claims

After being hurt by a defective product, you can file a claim against any party that contributed to your injuries. The most common defendants in personal injury lawsuits are as follows:

• Retailers who sold a product,
• Wholesalers who distributed a product,
• Original manufacturers,
• Product designers, and
• Marketers who pressured the sale of a product.

Our Product Liability Lawyers Can Help Determine Who Is Liable For Your Injuries

If you have been injured by a defective product, you need sound legal advice. Our attorneys can provide it and determine who is to blame for your injuries so we can hold them accountable for paying full damages. Call us now or contact us online to request a free consultation.