Accidents And Injuries Due To Product Liability

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As consumers in the United States, we have a general expectation that, when we bring a product into our home, it will not cause us harm. As trade policies have expanded, so too have the unsafe products that come into our country. This has caused an increase in the number of product liability cases being litigated. Product liability cases are brought to court when there has been a defect in design, a defect in manufacturing or a failure to warn consumers of possible dangers, resulting in personal injury.

It's hard for an individual to understand the complexities of product liability law; for this reason it's important to contact a personal injury attorney who specializes in product liability law if you have cause to believe that you may have an actionable case.

The warning labels that manufacturers place on their products' packaging are designed to reduce the liability the company may face in personal injury cases. Even if you have used a product incorrectly, you may still have a claim. It all depends on whether or not the manufacturer should have foreseen this as a possible error of use by the consumer. Product liability laws are unique to each state, but generally favor the consumer. This is called strict liability.

There are three types of defects that are considered basic. The first is a manufacturing defect, which means that the product itself was designed well, but was made in a way that makes it unsafe. This means that maybe the material it was made with was weak and broke when it could have been made using a stronger product, avoiding any breakage. Then there is a design defect, meaning that the way it was designed, in general, was unsafe, so the whole product line is unsafe. This can also be applied to the packaging of the product. The third type of defect is insufficient instructions or warnings, meaning that a product may be safe and have no defects, but there are no proper instructions or warnings to ensure safe operation.

Strict liability means that if you have been injured through the use or consumption of a product, you do not have to prove that a manufacturer was negligent. Instead, you must only prove that you were injured by the product. Most courts will see this as a cost of doing business and assume that suppliers, manufacturers and retailers will factor these costs into their price points.

The people who are responsible for defective products that cause you injury can be the company that sold it to you, the manufacturer, or the person who repaired it. The types of damages that can be recovered are compensatory damages to cover medical bills, property damage, or time lost from work. Pain and suffering are damages for pain that was endured because of the injury. Loss of consortium compensate for the effect that the injury had on your relationship with your spouse, and even if the product did not injure your spouse, they still may be able to recover damages. Then there are punitive damages, so if the defendants conduct is considered bad enough that the courts want to make sure it doesn't happen again, then they can award damages that end up punishing the defendant.

Yet these standards are not always adhered to, and sometimes it is the personal opinion of the judge that will determine your case, versus strict adherence to the law or precedent.

Based on the unique facts of your case, there is also a chance that your personal injury attorney will choose to sue more than one participant in the supply chain.

When dealing with an attorney with this type of case, you have to provide them with the product itself, information about where the product was purchased, and any manuals or informational material that came with the product. Also, pictures of where the injury occurred and the product, copies of medical records, a record of the time missed from work, and receipts for any type of property damaged by the defective product. Some helpful actions you can take is to begin a journal and document everything, including the details of what had occurred, the injuries and pain and feelings that were caused by the injuries, what any witnesses said, time taken off from work, appointments and distances traveled because of the accident, the time spent talking with the insurance company and lawyer, and the effects that the injuries had on your family.

If you have been injured or suffered any kind of damage or harm, and think you have a product liability claim, you will want to hire a personal injury attorney. Most cities have attorneys who specialize in product liability cases. Due to the unique nature of these cases and the costs associated, you need to find an attorney that has the experience and resources to see it through to a successful conclusion. As consumers, we have a right to safety, and when that right is denied, we have a right to seek redress in a court of law.


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