People must act reasonably and companies must create products that are reasonably safe for their intended use. When these principles are violated, and someone was negligent, you may have a legal claim for compensation (a negligence lawsuit). If you, or someone you care about, has been injured by a defective product, contact our law firm for a free and confidential evaluation by completing our online consultation form or contact us to discuss any questions you may have.

Frequently Asked Questions Regarding Product Liability Cases

How can a product be defective?

A product can be defective when there is a defect in the design and the company manufactures the product with that defect in every single item. Another way a defect can occur is a manufacturing defect, in this case a product that causes your injury may be different than other items manufactured by the company. This type of defect can have all sorts of problems within the manufacturing process such as improper assembly, or defective materials that were used to make the product. Another type of defect can arise from the failure to place warnings on such products like power tools, heavy equipment, car installment warnings, prescription drugs, and dietary supplements. In some cases, even though a warning is posted, the manufacturer may still be liable for the defect of the product.

If the manufacture places a warning on a defective propduct does that make the product safe?

Not necessarily, even though the product was used according to the manufacturer's guidelines and has come with a warning, it does not guarantee that the product is safe from defects. The manufacturer who made the product can not put a warning on the product stating that it may be defective.

What kind of claims can be brought for product liability?

The liability of a claim can be brought upon by three theories which one or all may be used in making a claim. These theories are breach of warranty, negligence, and strict liability. Breach of warranty occurs when a product is supposed to work under its intended use and it does not perform to the level it is expected to perform. The second theory is the negligence theory where the manufacturer owes the breach of duty to the user who may be injured by the product they were unaware of the defects it had. In this type of case, the injured person has to prove that the manufacturer failed to put reasonable care into designing the product. The last theory is the strict liability which places liability on the company if there is property damage or injuries to a person. In this case, the manufacturer's product may have a defect in the products design or assembly, or in the packaging, or warnings that is necessary for the safe use of the product. One important thing to note about this type of theory is that the injured person must prove that the product was in a defective condition, but does not have to prove that the company who made the product was negligent.

If I use the product in a way that was not intended by the manufacturer, does it affect my claim?

It may or may not affect your claim. It depends upon whether or not your use of the product was a foreseeable misuse. Misuses of the product may include any alterations made to the product by the consumer. Manufacturers of the product must warn a consumer of the dangers that are associated with the products misuse. It may affect how your claim is handled if your use was not a foreseeable use.

What damages can I possibly expect to recover in a product liability case?

A persons damages recovered from a product liability case usually are compensated for all injuries and losses. These damages may include past and future medical bills, past and future lost wages, the pain and suffering of your injuries, mental pain and suffering, and the loss of enjoying life in general.

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For a free and confidential evaluation of a personal injury claim you want to make, complete our online consultation form or contact us. One of our attorneys or case managers will personally speak to you and provide the answers to your questions. Your service is very important to us and we will work hard for you to resolve your legal matters during this difficult time.