When you purchase a product, there’s always a risk that the product may or may not work as you have hoped. However, there are state and federal laws designed to ensure that the products we buy and sell are safe. These law mandate that products you purchase should be safe, come with warnings on the danger of the product and come with instructions on how to properly use the product. We have handled many cases where injuries were the result of a design defect, manufacturing defect, or there was a lack of warning or false advertisement also known as product liability cases.
The definition or product liability is the legal responsibility a manufacturer or trader has for producing or selling a faulty product. In other words, the company that makes the product is liable for it functioning properly. Eisner Law can help you with a variety of cases including automobile products, children’s toys, household appliances and furniture, medical devices, pharmaceutical products or any type of consumer product that has caused your injury. Our attorneys are experts in product liability cases and will fight to get you the reward you deserve to help cover the cost of medical expenses, lost wages due to missed work or compensation for pain and suffering. Remember, the statute of limitations for product liability is three years from when the injury occurred, so it’s important that you file quickly.
Types of a Product Liability Cases
There are three different ways a product liability case can arise. Each case will hold a different party liable, whether it is the designer or manufacturer. Sometimes, a product liability can fall on the retailer if the product lacks warnings or there is false advertising present. Consumers can experience an injury while using the product and have the right to file a product liability claim when one of the following are present:
- Design Defects – Design defects are flaws that have not been fixed before the product entered the manufacturing process. Design defects can cause injuries to users even if they are using the product correctly. An example of a design defect is when the Samsung Galaxy phones began to overheat and melt when they were in a users’ pocket. Subsequently, users suffered from burns and other heat-related injuries.
- Manufacturing Defects – Manufacturing defects take place when a defect occurs during the manufacturing process. Manufacturing defects are the most common type of product liability lawsuit. An example of a manufacturing defect is a bottle of liquid medicine that is tainted with a poisonous product. Another example is a chair that doesn’t have all four legs properly secured.
- Lack of Warning/Incorrect Advertising – Lack of warning/incorrect advertising take place when the producer fails to include the instructions on how to use a product and the warning of potential injuries that the user can incur. An example of a warning/incorrect advertising case is a bottle medicine that does not include a warning label stating its side effects if it is mixed with another medicine or condition.
If you or a loved one has been injured by a faulty product whether it had design defects, manufacturing defects or through incorrect advertising, you may be entitled to compensation. A product liability attorney will review your case at no cost to you to determine if it’s worth pursuing a product liability lawsuit.
Proving Liability In A Product Liability Lawsuit
There are three theories when it comes to proving a that a product was defective; strict liability, negligence, and breach of warranty. Strict liability is the most common theory of the three. In order to hold someone liable for your injuries, you must be able to prove that your injury was derived from their careless act. When you are dealing with products, it would be too difficult and costly to find the exact point where the defect occurred. This is where strict liability comes into play. Strict liability allows you to sue the manufacturer without holding a specific individual responsible.
Rules of Strict Liability
In a product liability suit, it does not always matter what the manufacturer or distributor says it took in making, handling, or shipping the product. You can file a strict liability case without showing that the manufacturer or seller acted recklessly; if all of the following apply:
- The product had an “unreasonably dangerous” defect that injured you as a user or consumer of the product. The defect can come into existence either in the design of the product, during manufacture, or during handling and shipment.
- The defect caused an injury while the product was being used in a way that it was intended to be used.
- The product hadn’t been substantially changed from the condition in which it was originally sold.
Manufacturers’ and Sellers’ Defense
The most common defense claim that manufacturers and sellers use to fight strict liability cases is awareness of the condition. Your case becomes void if you continued to use the product after you were made aware of the defect. The manufacturer’s and seller’s insurance company will try to prove you used the product more than once by either testing the products condition or they will have you describe how you used the product. If it is discovered that you were aware of the defect and continued to use the product, your injury claim will be void.
Contact Our Product Liability Lawyers
At Eisner Law Firm, our attorneys will work with a team of design experts and engineers who will assist in building a case that will award you with the highest rate of compensation possible. Our team is capable and willing to testify on your behalf. We have the experience to evaluate and properly assess the damages you may be owed. Our team of negotiators will come in an attempt to settle with an insurance agency outside of court. If the insurance company will not settle, we will take them to court in order to get you the full value of your claim.
If you have been injured a result of using a defective product, please do not hesitate to call us. You may be entitled to compensation to recover lost and future wages, property damage, and pain and suffering. Contact us and schedule your free consultation today.