When you purchase a product, you have strong rights and protections as a consumer. One of these rights is to be safe while using the product. Companies have a duty to design and manufacture safe products and when they fail that duty and a defective product injures someone, they can be held responsible. A experienced attorney can help you to do just that.
There are three ways in which a product can be defective:
A design defect is an error in a way that a product was designed. This type of defect often means that the entire production of that product may be defective.
A manufacturing defect is one that occurs in production but was never intended and was not part of the design. This defect makes the product more dangerous than it was supposed to be.
Failure to Warn
Failure to warn occurs when a product (even without a design or manufacturing defect) lacks appropriate warnings for the consumer or includes inadequate instructions.
Product defect cases are based on strict liability. This means that the individual who has been injured does not need to prove that the manufacturer knew of the defect or that it was at fault. They simply need to prove that the product was sold or distributed by the defendant, that it was unreasonably dangerous at the time that it left the defendant’s possession, and that they were injured.
Breach of warranty is another potential claim since products have an implied warranty, meaning that they can be used safely. In some cases, injuries caused by a defective product may constitute a breaching of the warranty. Warranties of this nature cannot be disclaimed.
Each case is dependent upon its individual facts and requires an experienced defective product attorney to determine your options. Compensation may be available to you for the following: