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 lethal. Just one minor defect back in the design phase of development can result in hundreds or thousands of hazardous products hitting the market, which can cause you and many other innocent people harm. If a product has harmed you or a loved one, contact our Gadsen product liability lawyer today.
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Call us at (205) 654-814624/7 to arrange to speak with a personal injury lawyer about your case, or contact usthrough the website today.
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 happily consult with you about your situation.
Common types of product defects
Generally, a defect means there’s an element of the product that’s different, making it less safe than it should be. Defects are broken down into three categories, and their differences could affect your case. Your product liability attorney can explain this to you in more detail – you don’t need to know what defect category caused your injuries. That’s our job.
Types of product defects include the following:
Design defects. This means the product was faulty from the 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 would be unsafe chemicals making their way into a particular batch of medication or a swing set sold with a broken chain.
Warning defects. Certain products have obvious hazards (knives or tools), but some aren’t as easy to discern without warning labels, so they’re required. Examples include cleaning products, medication, and small appliances.
Talk to our Gadsden legal team today if a defective product injured you or a loved one – we can answer all 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, it 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 neglect, 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 buy the product. An implied warranty is the 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 restrict what an injured consumer can claim in the fine print.
Liability for Gadsden defective product claims
As we discussed earlier, you could be eligible to seek compensation when injured by a defective product. 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 damages, 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 between the manufacturer and retailer, acting as one of many middlemen. A product may be shipped to a warehouse, then later to another company, and distributed among retailers. Any party in this process could be liable if their actions contribute to your injuries.
Experienced product liability lawyers can guide you on what type of claim fits best with your 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 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
Some courts also awarded punitive damages in cases involving severe injuries and gross negligence. These damages punish the reckless party and deter others from other careless conduct.
Gadsden product liability lawyers working for you
If an unsafe or defective product injures you, 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 For a FREE Consultation
Call us at (205) 654-814624/7 to arrange to speak with a personal injury lawyer about your case, or contact usthrough the website today.