Who is liable when a product defect causes personal injury?
When someone suffers a personal injury that was caused by a product defect, the responsibility lies with the person or company that sold the product in the marketplace. Depending on several factors, the responsible party can be the manufacturer, a component manufacturer, the party that assembled or installed the product, the wholesaler, or the retail store. This party can be charged for negligence if a defect in the purchased product causes personal injury.
For example, say a customer buys a toaster in a retail store. At home, an electrical short in the appliance starts a fire which results in someone getting injured. Some products, by their very nature, are considered unsafe. One such product would be an electric saw. In this case, the manufacturer must post product warnings to inform the customer of potential injuries that may occur during use. If a user gets hurt while using the saw, but not as a result of a defect with the product, then the seller is not liable.
What type of case do you have?
Before an attorney devises a strategy on how to sue for product liability personal injury cases, he or she must first determine the area of product liability at play. There are several different types of legal cases when it comes to product liability. The toaster in the above example is a case of defectively manufactured products. Another example would be an automobile that had faulty brakes when purchased which leads to an accident in which someone suffered a personal injury.
The second category of product liability is defectively designed products. This occurs, not because there is an error in manufacturing like the toaster or car, but rather with an entire line of products that are inherently dangerous. An example might be an automobile that tends to roll upon impact or a heating pad that burns or electrocutes the user when it reaches a certain temperature.
Lastly, product liability comes into play if there is a failure to provide adequate warnings or instructions. An example of such a case would be with medicines, both over-the-counter as well as prescription medications. Manufacturers must issue warnings about possible drug interactions that can result in injury and even death.
How strong is your case?
To answer this question, you’ll need to meet with a personal injury attorney, specifically one with extensive experience in this area of the law. Gregory Yates and Associates have over three decades of experience along with countless successful case results. Every personal injury case is unique, but you can feel confident that Mr. Yates will negotiate the best possible outcome.
If you or a family member has suffered an injury and want more information about product defect liability, call the office today for a free consultation.