Every year there are thousands and thousands of people who get hurt from products that were defective or dangerous. These may leave people with medical expenses, painful injury, or even be life threatening. There are laws set up for individuals who may experience a situation like this in order to protect that person.
Product liability laws help someone who was injured due to a defective or dangerous product earn compensation for the damages they received. In a case like this, the manufacturer or seller is viewed as responsible for the consumer’s injury. The product must meet a certain criteria in order to be distributed in stores.
There is no federal product liability law according to Find Law, but typically a claim is based on state laws. In a situation like this, a defective good must have been purchased. A person might purchase the defective good for themselves, or they could have made this purchase for someone that they know. It doesn’t matter who received the purchased item. If this item did damage to whoever received it, then the party involved is liable. These parties could include the product manufacturer, a manufacturer of component parts, the party that assembles the product, the wholesaler, or the retail store that sold the product.
In a case like this, the plaintiff must prove that because of a product’s defective nature, it had caused an injury. This plaintiff must prove that this product was dangerous, and by no means was up to the criteria of what is allowed in stores. There are 3 types of defects that have the potential to cause injury. These defects are design defects, manufacturing defects, and marketing defects. A design defect is present in a product from the beginning. This happens before the product is even manufactured. There is some type of flaw within the design that is dangerous to a consumer. Manufacturing defects usually occur when there was a problem with the assembly of a product. A product might also be marketed wrong. This might include improper labeling or unclear directions. This is called a marketing defect.
Some of the parties involved in a product that was viewed as defective might insist that this was actually not the case. They might make the claim that in order for this injury to happen, the consumer must have been careless or negligent. In a case like this the consumer would have to prove that they were not being careless or reckless with the product. Each party is trying to prove that they are not at fault.
If you have been injured from a defective product, you definitely want to make sure that you get a good lawyer. This will make the process go smoother, as well as help you to prove that the party involved is responsible for the injury you experienced. Palacios Law Group is always here to help you with any of your legal problems. Give us a call today if you need someone to represent you.
Source: Find Law