As consumers, we have no choice but to place our trust in the companies that make the products we buy. We have a right to expect them to be safe, and we have a right to be informed of possible danger.
Yet that is not always the case. Defective products cause thousands of injuries each year to people who used them properly and were hurt through no fault of their own.
A successful product liability case can award an injured consumer the compensation they deserve. It will require an experienced product liability lawyer on your side fighting for you.
The attorneys at Oshman & Mirisola have a proven record of success in product liability law. We can guide you through your case every step of the way, gathering the evidence we need to build a case for substantial compensation.
What is Product Liability Law?
According to the law, any person or entity involved in the chain of manufacturing and distribution of a product can be held responsible for any injuries or damages caused by that product.
A product liability claim can be based on negligence, breach of warranty or strict liability. Proving liability can be difficult. This is why it’s important to have an experienced product liability lawyer working your case.
In general, there are three main types of product defects that can make manufacturers and suppliers responsible:
- Design defects: This is when there is a flaw in the product’s intended design that renders the product unreasonably dangerous.
- Manufacturing defects: This is when a product fails to conform to the specifications of the designer or manufacturer.
- Marketing defects: This is when a product is improperly labeled, has insufficient instructions or fails to warn about a serious danger.
Who is Responsible for Defective Products?
Liability for a product defect can rest on the following parties:
- Product manufacturer
- A party that manufactures the product’s parts
- A party that assembles or installs the product
- A wholesaler
- A retail store
- A laboratory that tested the product
- Any company that repairs a product
Common Types of Product Defects
Product defects that can cause serious harm or even death. Here is a handful of examples:
- Motor vehicle defects, including defective seat belt, tire defects and SUV rollovers
- Defective workplace machinery
- Dangerous pharmaceuticals, including pain relievers, diet pills and more
- Medical devices, such as heart monitors, heart valves, prosthetics
- Lasik eye surgery
- Cosmetic implant surgeries, such as breast implants
- Faulty appliances
- Unsafe toys, children’s clothing or furniture
- Defective power tools
- Dangerous commercial or industrial equipment
Nearly any product can be defective. However, to be more specific, here are most concrete examples:
- A cough syrup that does not include a warning that it may cause dangerous side effects if taken in combination with another commonly used drug, such as aspirin
- An electric tea kettle that is packaged without a sufficient warning concerning its oddly positioned steam valve
- A corrosive paint-removing chemical that is sold without adequate instructions for safe handling and use
What to Do if You’ve Been Injured Due to a Defective Product
If you or someone you loved has been injured by a defective product, here are some important steps to keep in mind:
- Keep any documentation and packaging that was included in with the product
- Identify as much information about the product as you can, including the product’s name, the name of the manufacturer, model name, model number, place and date of purchase and the serial number
- Keep the product in a safe place where it won’t be touched
- If the product is an automobile, do not sell or get rid of it. Also be sure to let your insurance company know of the defective automobile.
- Get information from any witnesses who may have been present, including their phone numbers and addresses
- Do not discuss the case with anyone other than your experienced product liability lawyer
Do I Have a Product Liability Case?
In general, these are the four elements that a product liability lawyer will need to prove to win your case:
- You were injured and suffered losses. Without actual injury or monetary loss, you are missing the most critical element to your case.
- The product was defective. How easy or hard this will be depends on what type of claim you are making. Proving manufacturing errors can be easy. Proving a design defect can be more difficult, as can proving that you were not warned of the product’s hazards.
- The defect caused your injury. It is not enough to simply argue that you were injured by the product. You must prove that your injury was caused by the product itself and, specifically, that product’s defect.
- You were using the product as it was intended. Generally speaking, you must have been using the product in a way the manufacturer intended. This does not mean, however, that the way you were injured must conform exactly to the manufacturer’s specifications. If a manufacturer could reasonably suspect that you would have used the product as you did, they can be held responsible for defects.
Contact an Experienced Product Liability Attorney Today
Product liability cases can be complex. Only an experienced product liability lawyer knows what to look for and can guide you through your case.
If you or a loved one has suffered due to a defective product, you need to speak with an attorney at Oshman & Mirisola today. Call us at (800) 400-8182 or contact us online. We have decades of experience helping innocent victims, and we want to tell you what we can do to help you.