Companies and manufacturers are supposed to make safe products that work as intended. Their failure to do so can seriously harm you or your loved ones. Defective products cause thousands of injuries annually, and some even result in death. When this happens, you may be entitled to financial compensation for everything you have been through.
Defective product cases — also known as product liability claims — are complicated. They require a skilled lawyer who knows how to handle your case. At Dunn Sheehan LLP, we have the experience and dedication to represent you.
Criteria for a Defective Product
What is a defective product? Product manufacturers are supposed to be responsible and create safe products. When used as intended, the product should not pose an unreasonable risk of harm. However, a product can be dangerous for several reasons, any of which can make it defective.
Unsafe products exist when there is a problem with the product that creates an unreasonable risk of harm. A faulty product may cause burns, amputation, or other serious damage. The fault for a defective product usually lies with the manufacturer. They created the product and are often legally responsible for the personal injuries you suffered due to the accident.
A defective product lawyer knows how to analyze your particular case. Their experience can help you determine what happened, why, and what you can do about it.
The Product Has a Dangerous Defect
Several types of product defects may occur. Each is different and requires knowledge on how to handle the specific case. A defective product lawsuit may arise when any of the following defect types caused your accident:
A design defect occurs because of failures with the product's design. The company that planned, researched, or developed the product was somehow negligent. This negligence can cause the product to be dangerous. If properly designed, a product should not be dangerous, and its users should not be hurt.
Design flaws mean that — even if the manufacturer follows the plans perfectly — the product is dangerous from the very beginning. These cases are often quite complex and require expert testimony to prove them. The design process is often very technical, requiring scientists, engineers, doctors, and other highly educated professionals to analyze the design and discover where defects may occur.
A qualified product liability attorney knows how to investigate a design defect despite these complications. You can pursue compensation when a design defect harms you.
Manufacturing defects are responsible for the vast majority of defective product claims. A manufacturing defect occurs when a product is developed, manufactured, or built incorrectly. It is not necessarily the design that is the problem — it is how the product was put together. Mistakes in this process can have devastating or even deadly consequences for the product's user.
Manufacturing defects are commonly caused by:
- Using defective parts in the manufacturing process
- Faulty equipment used to create the defective product
- Improper or unsafe materials used to create the product
- Unsanitary manufacturing conditions (especially in food manufacturing cases)
- Lack of training for employees
- Employee mistakes or
- Lack of supervision in the manufacturing process
These and many other problems can create a manufacturing defects. When this happens, the product can be unsafe and cause harm. If so, you could be entitled to compensation for your injuries.
A marketing defect occurs when there is a problem with how the product is marketed. This happens when the product has poor instructions or inadequate warnings about how to use the product correctly. Manufacturers have a duty to warn of dangers that are not obvious simply by using the product.
These cases are often called "failure to warn" cases. They usually occur with products that are safe when used as intended but require specific warnings against unintended use. They are also common in cases where unexpected dangers may occur in limited circumstances, but the consumer deserves to know of these risks.
Some companies deliberately hide the dangers of their products to increase their profits. This is especially common in pharmaceutical litigation, as medications often have side effects or risks. Irresponsible or negligent companies will hide these effects/risks to sell more of their drug. This can cause extreme harm to you or a loved one.
When this happens, a marketing defect lawsuit may be appropriate for you.
Proving Product Defect Liability
Proving a product defect liability case takes a thorough investigation and suitable proof. The proof you need will depend on the type of defect that harmed you. However, common ways to prove a dangerous product case include, but are not limited to:
- A product's design flaw
- The product was constructed with improper materials
- Manufacturing negligence occurred when making the product
- The manufacturer knew of certain dangers when selling the product and failed to warn consumers about them
These and many other types of proof help determine fault and win product liability claims. A highly skilled attorney knows how to fight for compensation in your case.
Contact a Product Liability Lawyer for Compensation Options
Product manufacturers are supposed to keep you safe. Consumer protection laws only go so far as to make them responsible, but a product liability claim can help you fight for financial compensation. You may be entitled to compensation like medical bills, lost income, pain and suffering, and so much more.