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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.
What Are the Elements of a Defective Product Claim?
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.
Examples of defective products that may be the result of negligence include items such as:
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 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:
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. 
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:
How Can a Lawyer Help Me With My Claim?
Goldberg & Loren can help you with your defective product claim in the following ways:
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.
 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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