Have you ever bought a product that ends up doing you more harm than good? Product liability protects consumers against the inadequate manufacturing of products.
A company must ensure that its products are correctly designed, manufactured, and marketed to safeguard consumers. If a product has some kind of defect or is unreasonably dangerous to whoever uses it, despite its intended purpose in use, this is called a malfunction.
Product Liability Overview
Product liability is a legal theory under which a manufacturer or seller can be held responsible for placing a defective product into the hands of a consumer. A product is considered defective when it is either not reasonably safe for its intended use or lacks adequate instructions and warnings as to its proper use.
The law of product liability is complex and varies from state to state. If you believe that a dangerous or defective product has injured you, contact an experienced attorney.
If you are a victim of a product liability injury, you will not want to wait for your case to settle before you get the cash you need. Depending on your injuries, you will need thousands of dollars in medical care and treatment. If you miss work while you recover, it could mean losing a significant amount of income.
If a defective product caused your injury, there is a good chance that the manufacturer will be held liable for your damages. However, this doesn’t mean they will hand over money when you ask for it. It could take months or years to settle your case, so what do you do if you need money now?
In many cases, plaintiffs in product liability cases seek pre-settlement funding while waiting for their case to be settled. Pre-settlement funding is a lawsuit loan that provides plaintiffs with fast cash to pay bills and expenses while their case is pending. To get express funding, go for the best pre-settlement funding companies. These companies help you deal with the funds needed for your lawsuit.
Types of Product Defects
Design defects exist in the product’s design before the first item is manufactured. If a product’s design is dangerous, every unit produced will be considered defective. For example, a car with bad brakes would be regarded as defectively designed since all cars with that particular model would have bad brakes. An example of this might be if all vehicles with one particular make and model had faulty brakes.
A manufacturing defect exists when something is wrong with the manufacturing process for a particular batch or a lot of products, causing some units in the batch or lot to be more dangerous than normal. A manufacturing defect might occur if the factory producing a motorcycle leaves off the muffler on some bikes but not others and one of those bikes causes an accident.
Marketing defects occur when there are problems with the instructions or warnings provided with a product. The defect is in the product’s design, labeling, or instructions. If an accident occurs due to a marketing defect, liability falls on the manufacturer.
For example, if you sold a blowtorch without warning someone about the dangers of fire or burns, that would be considered a marketing defect.
Injuries Sustained From Defective Products
Injuries caused by defective products and dangerous household items can result in catastrophic injuries or even death. If you or a loved one has suffered injury due to a defective product, you will have a claim against the manufacturer and seller of that product.
Some of the most common types of defective product claims include:
- Defective Cars and Other Vehicles
Automakers can be held responsible for car accidents involving defective parts, including tires, airbags, seat belts, brakes, etc.
- Dangerous Medications and Medical Devices
Injuries sustained from dangerous medications are often severe, including congenital disabilities caused by hazardous drugs taken during pregnancy.
- Home Appliances and Other Potentially Dangerous Products
Gas fires caused by stoves or grills, home fires caused by defective smoke detectors, and other injuries sustained due to dangerous products can lead to significant losses for consumers.
- Toys and Children’s Products
Children can suffer serious injuries from toys with small parts that pose choking hazards or other dangers.
Who Is at Fault in a Product Liability Case?
Product liability is a special area of the law. It’s slightly different from other personal injury cases, where the person who caused you harm is usually held legally responsible for your injuries. In many cases, it’s not even the manufacturer that’s at fault. The liability for making an unsafe product can fall on anyone in the chain of commerce.
Here are some examples of parties who might be liable for manufacturing defects:
This includes any party that makes or assembles a product. It also includes anyone who installs or prepares a product to sell, such as a tire dealer who puts new tires on your car.
- Parts supplier
A manufacturer will not make every part of its products but could still be liable if one of those parts turns out defective and causes injury.
If something was wrong with the design itself, the designer could be held liable for any resulting injuries even if they didn’t manufacture or sell the product.
How Does an Attorney Help in a Product Liability Lawsuit?
When a defective consumer product injures you, you will have a lawsuit against the manufacturer or seller of the product. Product liability lawsuits can be complicated and expensive. With pre-settlement funding, you can afford an attorney who will:
- Investigate the accident. If a consumer product malfunctioning injures you, your attorney will need to investigate what happened and take steps to preserve evidence. That will involve visiting the accident scene, taking photos, or hiring an expert to examine the product that injured you.
- Determine who is responsible for your injuries. It’s not always clear who is responsible for a defective product. The manufacturer, the retailer, or someone else involved in making the item available for sale. Your attorney will have to research to determine who is legally responsible for your injury.
- Negotiate with insurance companies. Many manufacturers and retailers carry liability insurance to cover lawsuits over dangerous products. Insurance adjusters often will try to settle claims cheaply. But, they know when dealing with an experienced lawyer who won’t be intimidated into taking less than full compensation.
Know Your Rights
Litigating a product liability action can be complex, expensive, and time-consuming. There are many things to prove or disprove in that type of case. This is from the manufacturing defects and how long the product was on the market.
If you are hurt by a manufacturing defect or an unsafe product, it is crucial to get proper legal help. Don’t worry about the cost of the lawsuit process; lawsuit financing companies are available for that.