When companies produce and sell products, they are expected to meet basic quality and safety standards. When they fail during use, they fail to meet these standards. If this happens, the company responsible for the product can be held liable for the problems caused by the defective product.
Product liability cases can help you get compensation for injuries and expenses caused by a defective product. If you or a loved one is involved in an accident involving a defective product, contact us to see if you have a case. Call Pintas & Mullins Law Firm at (800) 794-0444 to discuss your potential product liability case.
Types of Defective Products
There are three main types of defective products that product liability cases involve often. Determining who is liable largely depends on which type of defect is present in the case. The primary types of defective products include:
- Design defects: Design defects are created in the design of a product. Extensive testing is usually needed to ensure that the product is safe over the long term. When a product has a design feature that proves to be unsafe during the lifespan of the product, the designer can be held liable if an effort is not made to try to prevent design defects.
- Manufacturing defects: Manufacturing defects are created in the manufacturing process. Problems in manufacturing that cause problems with products, such as making a product much weaker than it should be or giving a sharp edge that is dangerous for users, can lead to a product liability lawsuit.
- Marketing defects: Marketing defects address the warning labels, instructions, and any other printed materials used to teach customers about a product. If a product is sold without proper warning labels and instructions, then the manufacturer can be held responsible for any incidents involving the product.
These are just the three main types of defective products, and there are many more nuanced types and examples not included on this list. Any incident involving a defective product should be thoroughly investigated. If you are affected by a defective product, you may be able to seek compensation in court with the help of a defective product lawyer.
Manufacturing Product Liability
The manufacturing process is where there is the highest chance of introducing product defects. Manufacturing can be a difficult process, especially when many copies of a product are being made. Manufacturers also hold the highest amount of responsibility for product liability. They are responsible for ensuring that anything produced by the manufacturer is safe.
Liability cases often focus on the actions of the manufacturer and what it did to prevent the sale of a defective product. A full investigation will look at the product itself, as well as the process that is used to make it. If investigators can find any problems in the process of the product that the manufacturer did not try to prevent, it can be held liable.
Consumer liability switches the liability for problems with products to consumers rather than to manufacturers or retailers. It applies when a consumer buys a product and uses it improperly. Since it was not used in the manner that it was intended and breaks, the consumer is responsible. This protects manufacturers and retailers from claims that they created a defective product when the product is not defective.
Possibly Recoverable Expenses
If you are involved in a defective product liability case, you may be able to recover expenses when you win your lawsuit. There are several categories of expenses that can be recovered including:
- Damages: Damages cover compensation for anything that was damaged or destroyed by the defective product. In some cases, this can even include the purchase price of the product.
- Medical expenses: Any medical expenses resulting from injuries caused by the defective product can be recovered as well. Your lawyer will prove that these expenses are related to defective product injuries by collecting documentation from the care providers.
- Disfigurement/disability: Injuries that result in disfigurement and disabilities can be sued separately from medical expenses. These types of compensation are designed to help you recover enough to address these problems over the long term.
- Lost wages: If you miss work, then you can sue for the wages that you lost during your time out of work.
- Lost earning capacity: If you are not able to do your job anymore but can still work a less lucrative and stressful job, then you can sue to be compensated for the difference in salaries. This will help relieve the financial burden of losing your ability to make more money then you are able to after the accident.
- Pain and suffering: Pain and suffering are reserved for when the liable party acts in bad faith. You can be compensated for the physical and mental stress that the product caused as well as to punish the liable party for negligent actions throughout the process.
- Loss of consortium damages: Your family members can also sue for compensation if they are required to take time off of work or have extensive pain and suffering because of your medical problems.
There are more types of compensation available. The types that you can try to recover depend on your case. Consult a defective product lawyer to learn more about compensation options.
Contact Our Firm Today for a Free Consultation
A dangerous product can lead to injuries, and you can seek compensation. Consult a defective product lawyer to see if you have a case. Call Pintas & Mullins Law Firm at (800) 794-0444 to speak to the legal team about your product liability case.