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Have You Been Injured by a Defective Product?
Defective products can cause serious harm and can be a scary and overwhelming experience. You deserve justice and compensation for your injuries.
You don’t have to suffer alone. Our team of experienced attorneys is here to help you get the compensation you deserve. We will fight for your rights and hold the manufacturers accountable for their negligent actions.
Contact us today for a free consultation and start your journey towards justice.
Definition of Defective Products
Types of Product Defects
Product defects can be broadly classified into three main categories: design defects, manufacturing defects, and marketing defects.
- Design defects: These occur when the design of the product itself is inherently flawed and unsafe. Examples of design defects can be seen in cars that are prone to rolling over, or in toys with small parts that easily break off and pose a choking hazard.
- Manufacturing defects: These happen during the production process and can lead to products that do not perform as intended or that pose a safety hazard. Examples of defective manufacturing can include a batch of medication that is contaminated with harmful chemicals or a bicycle with a faulty brake system.
- Marketing defects: These occur when companies do not provide adequate warning labels or instructions for use, or when they make false or misleading claims about the product. Examples of marketing defects can include dietary supplements that promise to deliver dramatic weight loss results, but fail to disclose the potentially harmful side effects.
What Are the Elements of a Defective Product Claim?
Negligence
Negligence is a central concept in product liability law, as it is often used to establish liability in cases where a product is deemed to be defective.
Negligence occurs when a manufacturer or seller fails to take reasonable care to ensure that their product is safe for its intended use.
This can include a failure to design or manufacture the product properly, a failure to provide adequate warnings or instructions for use, or a failure to test the product adequately before it is released for sale.
In order to prove negligence in a product liability case, the plaintiff must usually establish three main elements: duty, breach of duty, and causation.
- Duty: The plaintiff must show that the manufacturer or seller had a duty to provide a safe product.
- Breach of duty: The plaintiff must show that the manufacturer or seller failed to take reasonable care to provide a safe product.
- Causation: The plaintiff must show that the defendant's breach of duty caused the plaintiff's injury or harm.
Examples of defective products that may be the result of negligence include items such as:
- Automobile parts with design flaws that make them dangerous
- Defective electrical appliances leading to house fires or injuries
- Malfunctioning children’s toys
- Pharmaceutical drugs with serious side effects
If a consumer is harmed by a defective product, they may be able to pursue legal action against the manufacturer or seller of the product.
This can help the consumer to recover damages for medical expenses, pain and suffering, lost wages, and other economic and non-economic losses incurred as a result of their injuries or other harm caused by the product.
The product liability lawyers at Goldberg & Loren understand the complexities of these cases and can help clients navigate the legal system to achieve the best possible outcome.
Strict Liability
Strict liability is a legal concept that holds manufacturers and sellers accountable for injuries or damage caused by their defective products, even if they were not necessarily negligent in the design, manufacture, or marketing of the product.
This means that under strict liability, the victim of a defective product does not need to prove that the manufacturer or seller was negligent in order to hold them responsible for the harm caused by the product.
The fundamental idea behind strict liability is that manufacturers and sellers are in a better position than the consumer to bear the costs of product defects and injuries because they can spread the costs of those injuries across all of their products or include insurance to cover these risks.
This creates an incentive for manufacturers to produce safer products since they will bear the costs of any defects or injuries themselves.
Strict liability for product defects may be imposed only if the product was in a dangerous condition at the time it left the manufacturer’s control, or only if the defect caused the plaintiff’s injury.
Strict liability is an important legal concept in product liability cases, as it provides consumers with a powerful legal tool to hold manufacturers and sellers accountable for the harm caused by their defective products, even if the plaintiff is not able to prove negligence.
Breach of Warranty
Breach of warranty refers to a failure by a manufacturer or seller to comply with the terms of a warranty or guarantee that has been given to the consumer.
This can include express warranties, which are specific promises or representations made by the manufacturer or seller about the product’s quality or performance, as well as implied warranties, which are guarantees that the product is fit for its intended purpose and will perform as expected.
Breach of warranty can occur when a product fails to perform as expected due to a manufacturing defect or design flaw, despite the manufacturer or seller making promises or representations to the contrary.
If a consumer purchases a new washing machine and the drum stops rotating after a few weeks of use due to a manufacturing defect, this could be considered a breach of express or implied warranty.
Under the Uniform Commercial Code and other related laws, consumers may have the right to seek damages for breach of warranty in the event that they have been harmed by a defective or non-conforming product.
Depending on the nature of the defect and the terms of the warranty, these damages could include the cost of repairs or replacement, as well as compensation for any personal injuries or other damages caused by the defective product.
In order to take legal action for breach of warranty, consumers must typically show that the product did not perform as expected, that they relied on the manufacturer or seller’s promises or representations about the product, and that they suffered harm or damages as a result of the product’s defect.
This can be a complex legal process. If you suspect you have been sold a defective product seek the advice of an experienced product liability attorney at Goldberg & Loren.
How to Prove Liability?
Here are some common ways to prove liability in product liability claims:
- Establish that the product was not fit for its intended use: This means providing evidence that the product did not perform as expected or was inherently dangerous when used properly.
- Show that the manufacturer or seller knew or should have known about the defect: Plaintiffs must demonstrate that the responsible parties knew or should have known about the defect but failed to take adequate steps to correct it or warn consumers.
- Prove that the defect caused harm: Proving causation is a fundamental requirement in any product liability case, which means establishing that the defect was the direct cause of the plaintiff's injuries or damages.
- Demonstrate that there were no warnings or instructions provided: If a product fails to include adequate warnings or instructions, manufacturers may be held liable to injured consumers.
- Provide expert testimony: Expert testimony can help establish scientific or technical facts related to the product's design, manufacture, or performance, which can be difficult for laypeople to understand.
Building a strong case in a product liability lawsuit requires conducting a thorough investigation, gathering and preserving evidence, and building a persuasive argument that the defendant is responsible for the plaintiff’s injuries or damages caused by the defective product. Our experienced product liability attorneys at Goldberg & Loren can help you understand your legal options and develop a strong legal strategy.
In 2021, there were 11.7 million emergency department treatments for injuries caused by consumer products. Many of these injuries occur with commonly used products that are typically considered safe. [1]
What Types of Compensations Can I Claim From Defective Products?
Depending on the specific circumstances of your case, the types of compensation that you may be able to claim include:
- Medical expenses: This can cover the costs of medical treatment, including hospitalization, surgery, medications, and rehabilitation. It may also cover the costs of ongoing medical care that you need as a result of your injury.
- Lost wages: If your injury has caused you to miss work or prevented you from earning an income, you may be entitled to compensation for lost wages or loss of earning capacity.
- Diminished quality of life: If your injury has affected your ability to participate in activities that you previously enjoyed, you may be able to claim compensation for the loss of enjoyment of life.
- Pain and suffering: This can include compensation for physical pain, emotional distress, anxiety, depression, and other psychological effects that you may have experienced as a result of your injuries.
- Property damage: If the defective product damaged your property, such as a computer or vehicle, you may be able to claim compensation to cover the cost of repairs or replacement.
How Can a Lawyer Help Me With My Claim?
Goldberg & Loren can help you with your defective product claim in the following ways:
- Investigate the case: Our Experienced personal injury lawyers can help you investigate the cause of your injury or damage, and gather evidence to support your case, such as medical records, product information, and witness statements.
- Determine liability: We can help you determine who is at fault for your injuries or damages, and identify all possible defendants to ensure that you receive the maximum compensation you deserve.
- Protect your rights: We will help ensure that your rights are protected from the beginning to the end of your case and advocate for your best interests.
- Build a strong case: Our legal team will work with you to build a strong case by presenting evidence, retaining expert witnesses, and preparing persuasive arguments to support your claim.
- Negotiate a settlement: We will negotiate a fair settlement with the other party or their insurance company on your behalf, ensuring that you receive the maximum compensation possible.
- Represent you in court: If necessary, your Goldberg & Loren attorney can represent you in court to present your case to a judge or jury and advocate for your rights and interests.
Working with our lawyers at Goldberg & Loren will help ensure that your defective product claim is handled effectively and efficiently and that you receive the maximum compensation possible for your injuries or damage caused by the defective product.
Have you or a loved one been injured by a defective product?
Goldberg & Loren are experienced personal injury lawyers who can help you get the compensation you deserve. We have a proven track record of successfully representing clients who have been injured by faulty products.
Don’t let the manufacturer get away with causing you or your loved one harm. Let Goldberg & Loren fight for your legal rights and hold them accountable for their negligence.
Contact Goldberg & Loren today for a free consultation and take the first step towards justice.
Source:
[1] Consumer Product Injuries – Injury Facts. (n.d.). Injury Facts. https://injuryfacts.nsc.org/home-and-community/safety-topics/consumer-product-injuries/
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