As consumers, we see innumerable advertisements for new products every day. Whether we are shopping for a specific item that we need or are lured into impulse buying we could live without, endless products are available to us. When we buy these items, we do so with a good faith understanding that they are safe for us to use and will perform the job they are designed to do. Unfortunately, there are times when a product has not been tested thoroughly or has a manufacturing defect that causes harm to the consumer after purchase. If you have suffered an injury due to faulty or defective products, there are several things you should know about seeking legal recourse if injured by a dangerous product.
What Types of Product Defects Occur?
When you are considering taking legal action against a company to gain the compensation you deserve after being injury by a dangerous product, you must first understand the three types of product defect claims.
- Defects in Warnings. This situation arises when a product you have purchased causes damage or injury because it was not labeled with proper warnings regarding how it should be used safely.
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- Defects in Manufacturing. At times, the manufacturing process of a product creates circumstances in which a product could malfunction and cause injury to the consumer.
- Defects in Design. Injuries due to the design of a product are a result of the specific way the product was created, before being manufactured.
The legal procedure for seeking compensation will vary, depending on which of these three circumstances led to the incident that caused the injury.
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What Are the Legal Remedies for Defective Product Claims?
When you are pursuing legal action for an injury caused by a defective product, there are two primary theories that apply to most situations.
- Strict Liability. This legal remedy generally applies to “Defects in Manufacturing” cases. When a manufacturer produces a product, they are “strictly liable” for defects that occur to the product when it is being produced. In these cases, a plaintiff doesn’t need to prove negligence on the part of the manufacturer, as they are responsible regardless of whether they could have been more careful. Manufacturers are also required to provide adequate warning of the hidden dangers of using a product.
- Negligence. This remedy may apply to cases against a retailer or a manufacturer if they breached a duty regarding a reasonable level of care in ensuring consumer safety, such as not fully testing a product before selling it. This can apply to situations across the board from design, manufacturing, and warnings to retail sales.
If you have been injured by a faulty or defective product, your first step in seeking compensation should be contacting a reputable, experienced attorney to guide you through the legal process. The Michigan and Ohio product liability attorneys at Gallon, Takacs & Boissoneault are ready to answer your questions with a free consultation. Contact us online, or call us at (419) 843-6663 today.
Michael Bell, is Partner and Personal Injury Attorney at GT&B since 2007. His entire career has been committed to protecting the rights of those injured through no fault of their own. Mike concentrates his practice in the areas of car wrecks, trucking accidents, medical negligence, wrongful death, birth injuries, defective products, nursing home abuse & neglect, dog bites, construction accidents and slip & falls.