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In the United States, consumers never expect that a product they purchase will ever cause them harm, but unfortunately, this is not always the case. Many people are injured by defective products, and our attorneys can help you hold the appropriate parties responsible.
There are three types of product defects: design, manufacturing and marketing defects. The first step in a product liability claim is determining which of these three defects was responsible for your injury.
A design defect occurs when the design of the product is so poor that it injures whoever uses it. A manufacturing defect, however, occurs when the design of the product is fine, but an error occurred during the manufacturing process that made the product unsafe for use. Finally, a marketing defect occurs when the manufacturer fails to provide the proper instructions or warning labels on the product.
Product liability cases are often associated with the pharmaceutical industry, but defects can occur in any type of product. However, you must be able to prove you were using the product the way it was intended to be used at the time of your injury. If you were using it in a way it was not intended, the injury resulted from user error, not a defect.
There is no federal law related to product liability cases, however each state does have its own set of rules. When a victim takes a product liability case to court, they typically claim negligence, breach of warranty, or strict liability.
To prove negligence, you must show the injury was a direct result of the product’s defect, and the defect should have been a “reasonably foreseeable” result of the defect. The breach of warranty theory states all consumers are under the impression that the products they purchase are free from defects, and when this is not the case, the manufacturer, designer, or distributor should be held liable for the defect. When a plaintiff uses the strict liability theory, he does not have to prove which party is liable for the defect, just that the defect existed.
Once you file a product liability claim, everyone who has been involved with the creation or distribution of the product will begin submitting defenses to explain why they are not liable. These parties will try to put the blame on you, the victim, by saying you must have used the product incorrectly or not read the warning labels before use. This is to be expected, so don’t let this deter you from pursuing the compensation you deserve. A skilled attorney can help you recover damages despite all of these defenses.
Product liability claims can be complex, which is why it’s important to find an attorney who has experience representing victims of product defects. The team of personal injury attorneys at Shegerian Conniff will help you identify the liable parties and bring them to justice. Contact us today to schedule a free legal consultation.