When you purchase a product, you expect it to be reasonably safe as long as you are using it properly. However, when products are dangerous or defective, accidents and injuries can result even with appropriate use. If you have been the victim of a defective product, you may be entitled to compensation for your injuries.
Although obtaining compensation from the product’s manufacturer can’t make up for the incident completely, this compensation will allow you to begin on the path to recovery. Below is some basic information about product liability cases and how they work.
What Is a Product Liability Case?
Will the Kobe Steel Scandal Lead to New Waves of Vehicle Recalls?
A major provider of steel to hundreds of companies admitted late last year that it had falsified data on steel products sold to corporate giants such as Toyota and Boeing. Kobe Steel stated that up to 500 companies could be affected, including the manufacturers of bullet trains in Japan. According to media reports, the scandal happened when Kobe employees wrote fake reports to make it appear that steel products met specifications for customers when they did not. The steel scandal first concerned aluminum and copper parts, but it then spread to steel components.
A product liability case develops when someone files a legal claim against the manufacturer of a product because of an alleged danger or defect. To win a product liability case, the claimant must show that a defect exists and that the defect was responsible for causing an injury. Several types of defects are recognized in court, including:
- Design defect – In some cases, a product was designed with an inherent flaw that makes it hazardous. For example, if a bottle of medication toxic to children is manufactured without a childproof cap, it has a design defect that makes it dangerous for consumers.
- Manufacturing defect – A manufacturing defect is a defect that occurs during the manufacturing process and is not part of the product’s original design. For example, if the manufacturer uses a material that is too weak, part of the product may be likely to break during normal use and cause injury.
- Insufficient warnings – Another possible defect that can lead to a product liability case is a lack of sufficient warnings or instructions on a product’s packaging. When this information is missing, the consumer may not be able to use the product safely. For example, if a certain part of an appliance gets hot during operation and no warning is included, the consumer may suffer burns that could have been avoided.
Most product defects will fall into one of these three categories. In some cases, a product may have more than one type of defect.
Product liability cases may be filed because of defects in a wide variety of different products, including consumer products, industrial products, healthcare products and more. Some of the most common types of defective products include:
- Childhood products – Childhood products, such as cribs, car seats and toys, may cause injury to children because of defects. Examples include car seats with design flaws and toys that contain lead.
- Medical devices – When medical devices aren’t designed or manufactured properly, they can do more harm than good. Examples include defective implants, pacemakers and defibrillators.
- Prescription drugs – Although prescription drugs are designed to improve the health of the patient, defective prescription drugs can cause serious side effects and complications. Hundreds of drugs are recalled every year when these defects are discovered.
- Vehicles – A design flaw or manufacturing defect in a vehicle can pose serious risks to drivers and passengers. Examples include faulty brakes or defective gas tanks.
If you have been injured by a defective product, an experienced product liability lawyer can help you determine whether you have enough evidence to file a claim. Please call 972-774-9800 today to schedule an appointment with Guajardo & Marks.
How Do You Win a Product Liability Case?
Simply showing that you have been injured by a product isn’t enough to win a product liability case. You must show that the product contained a verifiable defect and that the defect was directly responsible for causing your injuries. This requires knowledge of the law, as well as a thorough investigation of the product and the injuries it caused. To win a product liability case, you will also need to be able to present your evidence in court clearly and persuasively. For this reason, hiring an attorney who has a background in these cases is essential.
Contact a Product Liability Attorney
If you have been injured because of a defective product, you need to consult an attorney as soon as possible. State law requires product liability claims to be filed within a certain amount of time after the incident, so it’s always best to act quickly.
At Guajardo & Marks, we have years of experience representing clients in cases involving defective products. We understand how important these cases are for our clients and, more importantly, we know what it takes to get results.
To get started, please contact Guajardo & Marks today at 972-774-9800. We are a full-service personal injury law firm, and we have extensive experience representing clients who have been victims of defective products.