Thousands of Americans end up sick, hurt, or fatally injured by defective or dangerous products every year. Injuries may result from defective consumer products such as automobiles, airbags, furniture, toys, medical devices, and many more. The US Consumer Product Safety Commission estimates that product liability costs the nation an average of $1 trillion every year.
Most people assume that all consumer products undergo sufficient testing and approvals by the manufacturer and government before entering the market. However, design problems, manufacturing defects, and insufficient warnings are quite common, making ordinarily safe products dangerous.
What Do You Do When a Defective Product Accident Happens?
Manufacturers that place dangerous or defective products in the marketplace are responsible for injuries sustained by the unsuspecting consumer. If you or your loved one sustain injuries from a defective product, personal injury attorneys can help you file for a product liability claim. However, given that there are over 1.3 million lawyers in the US, you need to find the right one.
The local attorney can help you show that the product in question had a defect or the manufacturer issued vague warning instructions about the product. Additionally, the personal injury law firm can help you prove that the defective product directly caused your injury. Connecting your injuries to the defect will strengthen your claim, allowing you to demand compensation.
Types of Product Liability Claims
You can file your claim against the manufacturer through one of three legal theories, including:
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- Negligence: You may need to show that the manufacturer or anyone else within the supply chain failed to act with reasonable care to ensure that the product is safe or has sufficient warnings. This case may be harder to prove, and you are better off calling a seasoned attorney to argue your case. You may have to prove that the manufacturer has a duty to produce a safe product. You may also have to show that they acted in a manner that breached that duty, resulting in your injury.
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- Breach of Warranty: Most consumer product manufacturers provide express or implied assurances of the adequacy of their products. Express warranties, implied warranties of merchantability, and implied warranties of fitness for a particular purpose are codified in the unified commercial code, adopted by most states. If the terms or assurances provided in the warranty documents regarding product performance or adequacy, the manufacturer may be liable. The personal injury attorney can help you prove the breach of expressed or implied warranty, strengthening your compensation claim.
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- Strict Liability: Under strict liability, the manufacturer is liable for all items that unreasonably threaten a consumer’s life or property. All you require is to prove that the product was defective, and the defect was present even when the product left the vendor’s facility. A product liability attorney can help prove that the defect caused injuries and damages to you as a foreseeable consumer of the product.
Take the Next Step and Call Personal Injury Attorneys
Pursuing a lawsuit against a large manufacturer or pharmaceutical company can be an uphill task. Proving that the product was defective can be challenging, and you may require experienced legal minds on your side to represent you. The law offices of Patrick Short are willing to thoroughly evaluate your case and help you file for your product liability claim.