We purchase and use products every day, and we assume that these products will be safe. Unfortunately, many products make it onto the shelves even though they’re unsafe – or downright lethal. Just one small defect back in the design phase of a product can result in hundreds or thousands of unsafe products hitting the market, which can cause you and many other innocent people harm. Defective products can cause immediate and traumatic injury, or cause a chronic condition after years of use.
When a product isn’t designed, manufactured or marketed with care, you can be put at risk for injury. And if you or a loved one is injured, you could be eligible for financial compensation for your losses. The Gadsden personal injury attorneys would be happy to consult with you about your specific situation.
Common types of product defects
Generally, a defect means there’s an element of the product that’s different and making it less safe than it should be. Defects are broken down into three categories, and the differences among them could affect your case. Your product liability attorney can explain this to you in more detail – you don’t need to know what category of defect caused your injuries. That’s our job.
Types of product defects include the following:
Design defects. This means the product was faulty from the very beginning, and every product is affected. An example of a design defect would be an SUV with a top-heavy design that makes it more likely to roll over.
Manufacturing defects. Typically manufacturing defects are unintentional and only found in a small percentage of a product run. An example of this would be unsafe chemicals making their way into a certain batch of medication, or a swing set sold with a broken chain.
Warning defects. Certain types of products have obvious hazards (knives or tools), but some aren’t as easy to discern without warning labels, which is why they’re required. Examples include cleaning products, medication and small appliances.
Talk to our Gadsden legal team today if you or a loved one were injured because of a defective product – we can answer all of your questions.
Types of Gadsden product liability cases
Every product liability case is different, but legally, there are three categories under which you may seek compensation:
Negligence. Negligence means a lack of ordinary care. If a person or entity causes a product to be defective or unsafe, they can be liable for any harm it causes. The negligent party could be the designer, manufacturer, parts supplier, distributor or just about anyone in the supply chain. Negligence and defects could occur during phases like creating the design, maintaining machines, inspecting facilities, testing the product ingredients, or properly marketing the product.
Strict liability. Like negligence, strict liability allows the victim to seek compensation from whatever person or entity was responsible for the defective product. However, unlike negligence, the injured person doesn’t need to prove exactly who failed in their duty of care. With strict liability, the victim must only show the product was defective and unreasonably dangerous.
Breach of warranty. When consumers purchase a product, they rely on two warranties. An express warranty is the safety and product information provided to you by the manufacturer or retailer when you purchase the product. An implied warranty is the implied promise by the manufacturer that they’ve provided a safe product free of defects. However, a problem with breach of warranty is that sellers often put restrictions on what an injured consumer can claim in the fine print.
Liability for Gadsden defective product claims
As we discussed earlier, when injured by a defective product, you could be eligible to seek compensation for your injuries. And, one or many careless or negligent parties from the beginning to the end of the product supply chain could be held accountable for your injuries, including:
Manufacturer. The manufacturer is responsible for creating and building the product. Typically, they’re held liable if the product was defective and unsafe when it left the manufacturing site. Manufacturers are usually responsible for design defects as well.
Retailer. The retailer is typically the store owner or entity from which you bought the product. They could be liable if they knowingly sold defective products, or failed to remove recalled unsafe products from their shelves. You don’t have to be the actual buyer or user of the product to bring a case against the retailer.
Distributor/wholesaler. The distributor falls in between the manufacturer and retailer, acting as one of many middlemen. A product may be shipped to a warehouse, then later to another company where it’s distributed among retailers. Any party in this process could be liable if their actions contribute to your injuries.
Experienced product liability lawyers can provide you with guidance on what type of claim fits best with your personal situation.
Recovering damages in your Gadsden product liability case
After an accident, we know you have a lot on your mind. Recovering from your injuries, being unable to work, and dealing with medical bills can feel overwhelming – which is why it’s crucial to hold the people responsible accountable for their carelessness. You’re likely eligible for compensation for your losses and damages from a dangerous product.
These can include:
Medical expenses, current and future
Lost wages and future earning capacity
Pain and suffering
In cases involving serious injuries and gross negligence, some courts also awarded punitive damages. These types of damages are designed to both punish the reckless party and deter others from further careless conduct.
Gadsden product liability lawyers working for you
If you were injured by an unsafe or defective product, talk to the product liability attorneys at Mezrano Law Firm. Our injury lawyers are dedicated to protecting consumers from unsafe products and holding the responsible people accountable. Call us today at 205-206-6300 or fill out our contact form to set up a consultation at our Gadsden office.