There are many ways in which people get injured. It might be due to the reckless or negligent behavior of someone else, or it might be because of a faulty, defective, or badly-designed product. When the latter happens, a product liability attorney can help you file a case against the manufacturer or seller responsible for providing you with that product.
How product liability cases work do and what can a product liability lawyer do for you? See below for all the information you need on how product liability law works and how you can make the most of your legal rights to attain a satisfying settlement if you have been injured by an unsafe item.
How Does Product Liability Law Work
As the product liability lawyers of Kalfayan Merjanian note, “Manufacturers have a responsibility to keep you safe when using their products.” Products typically undergo rigorous testing and safety checks to ensure that they won’t put users at risk, but every now and then, defective and dangerous products can slip through the cracks and find their way into the hands of unsuspecting users. The defects and flaws in these products can then lead to all kinds of injuries, from cuts to broken bones and more.
Since the responsibility for these products lies with the manufacturers and sellers, consumers who have been harmed by these products can then begin legal proceedings against them. The specifics of this can vary from state to state, as there are no federal product liability laws, but in general, product liability cases arise when the product has been sold in the marketplace at some point.
Various parties may be held liable for product defects, including the original creator, a manufacturer of one or more parts or components making up the final product, a company that put the product together, or even the store where the product was sold.
Types Of Defects
There are various types of defect that may lead to injuries in the consumer, typically divided into three key categories:
- Design – Design defects occur in the original design of the product, suggesting that an aspect or element of the original product proposal is unsafe.
- Manufacture – These defects occur while the product is being made or put together.
- Marketing – Marketing defects occur when the product’s instructions, labels, or safety warnings fail to convey adequate information on how the product should be safely used to avoid injury.
Types Of Injuries
There are various forms of injuries that may lead to the launching of a product liability case:
- Illness – Some plaintiffs may develop illnesses due to being exposed to a certain product or using it.
- Side Effects – Some medications may cause harmful side effects to a user that were not listed in the original documentation.
- Physical Injuries – Manufacturing or design defects can cause a wide range of physical injuries.
- Long-Term Illness – Some products containing harmful elements could lead to the development of serious, long-term illnesses. A famed example of this would be the alleged links between talc powder products and cancer.
What Can Be Done
In cases where some kind of product defect has led to harm, injury, or illness in a consumer, a product liability lawyer can make a range of legal arguments against the manufacturer or seller of said product in order to reach a sufficient settlement.
In a typical case, the lawyer will work together with the plaintiff, looking at all of the necessary information, in order to build up a case based on one or more arguments. They may decide to push for a strict product liability case, in which the plaintiff has to show that the product they used was sold in a dangerous or defective condition, or lacking in some kind of warning or proper instruction, as well as that these defects led to an injury.
The lawyer may also pursue a product defect case based on negligence, in which the plaintiff must prove that the negligent actions of the defendant (a manufacturer or seller) while designing, putting together, or selling their product breached their duty of reasonable care to their consumers, resulting in an injury or damages to the plaintiff.
The importance of an attorney
Most people forget about the importance of hiring a professional attorney when facing such a law-related issue. What matters the most however is to find someone who can handle the case for you. Any type of injury that you face, whether a physical one or a long-term illness, needs to be compensated. But, as we all know already, it’s not an easy task to get that compensation. If the company that needs to compensate you has more power than you law-wise, you will probably be unable to get what belongs to you without an attorney.
When dealing with such a case, it’s important to communicate openly with your lawyer, and let them know about any details that might be of use if things end up getting to court. Sometimes they won’t though, and you will be compensated when the manufacturer of the product that injured you realizes you’ve taken more serious measures, and you’re ready to go to court if needed.
Finding an attorney
Finding the right attorney for your case is not an easy task. However, we have the internet, and that helps us a lot. You can make a large list of possible options and narrow it down by reading the reviews of some customers. Also, you can schedule a meeting and explain your situation to the lawyer before hiring them. By doing this you will gain better insight on whether they can help you or not.
Conclusion
If you’ve been harmed in some way by a defective or faulty product, there’s no need to suffer in silence or simply accept the situation. There may be many ways in which a product liability lawyer can help. Be sure to contact an experienced, qualified lawyer in this domain and learn more about what actions you can take and what you might be entitled to.
