As consumers, we constantly encounter an overwhelming number of daily advertisements for new products. Whether actively seeking a particular item or falling into the trap of impulse buying, we face a multitude of options. When making a purchase, we expect safe and functional products. Unfortunately, instances arise where harm occurs due to insufficient testing or manufacturing defects. If a faulty or defective product has caused you injury, understanding the process of pursuing legal action becomes crucial.
Each year, dangerous products cause numerous individuals to suffer injuries. These products can range from defective cars to toxic baby products. It disheartens us to know that companies prioritize their profits over consumer safety. Knowing your rights is imperative if you or a loved one has experienced an injury from a dangerous product.
Protect Yourself From Dangerous Products – Know Your Product Liability Rights
According to the Consumer Product Safety Commission (CPSC), product-related injuries resulted in approximately 226,100 emergency department visits in 2018. This number has been consistently high for the past several years. Injuries can range from minor cuts and bruises to more severe consequences, such as burns, broken bones, and even death. These injuries can occur from any product, including household appliances, toys, and furniture.
The companies responsible for these dangerous products often have legal teams and large budgets dedicated to avoiding liability. However, as a consumer, you have legal rights that can protect you and provide compensation for your injuries. Product liability laws have been put in place to hold companies accountable for the safety of their products. These laws vary by state, but in general, they fall under three categories: design defects, manufacturing defects, and marketing defects.
What Types of Product Defects Occur?
When considering legal action to obtain rightful compensation after sustaining an injury from a dangerous product, it is crucial to understand the three types of product defect claims comprehensively.
1. Defects in Warnings: This occurs when a purchased product causes harm or injury due to inadequate labeling or warnings regarding its safe usage.
2. Defects in Manufacturing: In certain cases, flaws in the manufacturing process can lead to product malfunction and subsequently harm the consumer.
3. Defects in Design: Injuries resulting from product design are a direct consequence of how the product was conceived prior to manufacturing.
The specific circumstances that led to the incident causing the injury may affect the legal procedures for pursuing compensation.
What Are the Legal Remedies for Defective Product Claims?
When pursuing legal action for injuries caused by a defective product, two primary theories typically apply:
Strict Liability:
This legal remedy often applies to cases that involve “Defects in Manufacturing.” Manufacturers bear strict liability for defects that occur during product production. In such cases, the plaintiff does not need to prove negligence on the part of the manufacturer, as the manufacturer is responsible regardless of their level of care. Additionally, manufacturers have an obligation to provide adequate warnings about the hidden dangers associated with using their products.
Negligence:
Retailers or manufacturers who breach their duty to exercise reasonable care in ensuring consumer safety may be subject to this remedy. It encompasses various aspects, including design, manufacturing, and warnings in retail sales, and may result from failure to conduct thorough product testing before selling.
Get the Compensation You Deserve with Experienced Product Liability Attorneys
If you have suffered an injury caused by a faulty or defective product, it is crucial to take the initial step towards seeking compensation by contacting a highly regarded and experienced attorney. Our team of product liability attorneys at Gallon, Takacs & Boissoneault, serving Michigan and Ohio, is prepared to provide you with guidance throughout the legal process. Take advantage of our free consultation to have your questions answered. You can contact us online or call us at (419) 843-6663 without delay.
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.
