We live in a consumer culture. Because of this, we come into contact with a vast number of consumer products each and every day. Consumer products are regulated so that they do not cause undue harm unto those who utilize them. However, each year, people all over the country are wrongly injured by defective products due to faults in manufacturing, design, and marketing.
There are three types of defective products that can cause injury to those who use them:
Marketing or labeling defects result from insufficiently labeled products that inadequately describe the warnings or dangers that come with the use of the product.
Design defects result from flaws in the design of the product that, while often unintentional, lead to harm. An example of such a defect would be a cabinet that collapses on its owner due to a poor choice of building materials.
Manufacturing defects concern defects that arose from a faulty manufacturing process. Car manufactures that experience malfunctions in an automated process resulting in airbags that are not properly in place would fall under this category.
Product liability is a matter of law that attempts to hold manufacturers, distributors, retailers, and suppliers accountable for any injuries that are brought upon those who use their defective products. Product liability can include breach of warranty, stated or implied. An implied warranty would be a guarantee that the product purchased will work when used for its intended purpose. It can also include negligence or carelessness on behalf of the manufacturer for a failure to warn of a reasonably foreseeable risk. Finally, product liability can include strict liability, which holds distributors, manufacturers, or sellers responsible for injuries regardless of whether the injured person did everything they could to prevent the defect from occurring.
Product liability claims are wide and diverse. They can range in the form of a single-party lawsuit or a larger lawsuit involving many injured parties known as a “class action” case. It is important to act quickly in cases such as these as various statutes of limitations could prevent you from obtaining the compensation that you deserve. There are certain elements of product liability law that must be proven in order to receive compensation. These elements include proving that an injury or loss has occurred, that the product has a defect, that the injury was a result of that defect, and that the product was used properly when the injury occurred.
If a product you used causes serious injury or complications to you or a loved one, you may be entitled to compensation. At Levine Lyon & Eisberner LLC, our attorneys will work tirelessly to ensure that those at fault are held responsible.