There are certain rights a customer can exercise when you buy a particular product. One of the basic rights is ensuring safety when it comes to using a product. Manufacturers are obligated to design and manufacture products that will be safe for consumer use. In a case where there is a defect in the production of an item, then you should consider speaking with a reliable products liability lawyer. A defective product can be dangerous to your health and could possibly hospitalize the consumer. If you sustained an injury from the use of a defective product, then you are eligible to sue the manufacturer but this will be best done with the help of a defective product lawyer because they have all it takes to fight for justice and get you the compensation you deserve.
Compensation a defective product lawyer can fight for
It is important to know that every case is unique and for this reason comes a much different compensation. If a product hurts you, you can fight for compensation. The compensation amount is determined by varied factors including medical bills, pain and suffering, lost wages, reduced earning capacity, funeral expenses in the case of a wrongful death. Regardless of how skilful a product liability lawyer might be, it is impossible for him to give you a specific monetary award.
Factors to consider before hiring
When searching for a products liability lawyer to represent your interest in the law court as a result of defects in a particular product, most of the time it is very difficult to choose from the many options available. Some of the factors to consider include:
- Experience and knowledge acquired in both court room and negotiating room
- Open and honest client relationship
- Easy access to resources that will prove vital to your case
Types of product defects
When filing for a product liability claim, you may have to face the wholesaler, retailer manufacturers, distributors and at times insurance companies. Some of the primary categories of product defects include manufacturing designs and design defects.
This usually occurs when a defective product which is not meant to be is among the properly arranged products. Such defects are less likely to occur. According to the theory of strict liability, a manufacturer is held accountable for any product defects, regardless of the fact that they took extra care during production process.
This is an error in the original blueprint of a product, which makes it unsafe for public use. Design defects can be discovered in all of the manufactured products. Some of the ways to determine a design defect include:
- How dangerous was the product’s design prior to production?
- What is the possibility that the product design could be harmful?
Once these questions have been answered affirmatively, then you can file a lawsuit against the product manufacturer with the help of an attorney of course.
Types of product liability lawsuits
There are three types of product liability lawsuits which include:
This means the plaintiff has to prove that the injuries sustained were a result of the carelessness in the design or manufacture of the product. The claimant has to show that the manufacturer is obligated to produce safe goods for public use but failed in carrying out their responsibility dutifully and must therefore be compensated for the injuries and other expenses incurred. You can also show a breach of duty stating that the manufacturer should have known that the product was defective. Negligence can occur in varying stages of product development including improper and hasty inspection of the product before taking it out to the mainstream.
Most times, a claim for product liability is pursued under strict liability, stating that a manufacturer is held accountable for any manufacture defects. In other words, strict liability offers claimant the chance to show that there exist a defect in the product which led to the injury sustained. However, strict liability claims will not be applicable if the products have already been used and re-sold.
Breach of warranty
As a consumer, you are entitled to warranties usually given by the manufacturer. Once the warranty has been breached, a consumer will be unable to use the product and file for a product liability claim as a result.
Who to hold responsible for a defective product injury?
Depending on the underlying cause of the injury, one can file a lawsuit seeking compensation from one or more liable parties. Determining who to hold accountable for the manufacture or design defects of a product does not necessarily mean choosing one particular party over another. So long as you got indicted in a defective product’s chain of distribution, then you can file a lawsuit for your full claim. Parties that can be held liable for a defective product include manufacturer, wholesaler and retailer. When any of these parties is liable for providing a defective product, it is important to include the party involved in the chain of distribution when filing a lawsuit for product liability
Why hire a product liability attorney
After sustaining varied degrees of injuries as a result of defective products, you have a number of issues to contend with including medical expenses and wages lost. For instance, if your injuries require urgent medical care, then you need to pay for medical care and treatment. You may have to miss work as a result of the injury and you may be forced to deal with loss of income. To make it worse, the victim might be contending with emotional and psychological problems depending on the complexity of the injury. All of these issues may arise because of the defective product injury. Hiring a professional products liability lawyer is the best way to get peace of mind. These lawyers will fight the case with all they’ve got while ensuring you get fully compensated. With a products liability lawyer, you can be rest assured of getting your life back to what it is before the occurrence of the accident or injury.