Seasoned Attorneys to Pursue Damages in a Product Liability Lawsuit
We live in a world where we are confronted with new products nearly every day. These products are often designed to make our lives easier and more enjoyable. As consumers, we have an expectation that the products we are sold will be designed, manufactured and sold free from dangerous defects. Unfortunately, every year several hundred products are recalled, and thousands of people are injured or killed as the result of dangerous and defective products. You may be aware that there are avenues under federal and state laws for consumers to seek compensation for injuries caused by a defective product. Call the experienced product liability lawyers of Walton Law to learn about your legal options.
Call Walton Law to Bring a Product Liability Lawsuit
Certain kinds of defects in many different household products and appliances are actionable when they result in injuries to consumers. They include manufacturing, design, and marketing defects.
In general, a design defect occurs when the product fails to perform as safely as an ordinary consumer would expect, or if the risk of danger inherent in the design outweighs the benefits of design. A manufacturing defect occurs when the product was not manufactured in conformity with the manufacturer’s design. In most cases, defects involve a failure to warn. A manufacturer’s failure to warn is actionable when the manufacturer or distributor knew or should have known of a hazard associated with a product.
Legal Representation for Strict Liability Cases
Some product liability lawsuits may be pursued under a theory of strict liability. When this theory applies, our lawyers will not need to prove the manufacturer was negligent or failed to use reasonable care. Rather, we’ll need to prove: (1) there was a defect, (2) it caused you injuries. Typically, we will need to establish you used the product in either the way the manufacturer intended it to be used or a way that was reasonably foreseeable.
Manufacturing Defects Defined
Manufacturing defects are product defects that arise during the product’s construction, meaning just a few of the items within the product line possess the specific defect at issue. In most cases, we will need to establish not only that the defendant made or sold a product that caused you harm, but also that when the product left defendant’s possession it contained the defect.
Design Defects Defined
Design defect cases allege the defect at issue exists in all items in the product line. Depending on the jurisdiction, two tests are typically used to determine the existence of a design defect: consumer expectations and risk-benefit. With the former test, manufactured products must meet the safety expectations an ordinary consumer would have. To pass the risk-benefit test, the risks of harm must not outweigh the benefits of the particular design at issue.
What Constitutes Inadequate or Defective Labeling?
It is a relatively common occurrence that consumers use products in ways unintended by the designer or manufacturer of that product. For example, people might put clothes in the dryer even when tags specifically instruct that they should not be machine-dried or they might use a screwdriver to open a can for the sake of convenience. Companies are supposed to take reasonable measures during design and manufacture of a product to circumvent injuries that could occur in those reasonably foreseeable situations.
One such preventative measure is to include warning labels that clearly state risks posed by using the product in a manner other than it was intended. However, a designer or manufacturer does not have to warn about risks if an ordinarily prudent person would recognize them.
Consult a Results-oriented Product Liability Attorney
Litigation against a manufacturer can be a long, expensive and complex process that requires the use of several experts. At Walton Law, we have experience handing several types of product liability cases. Please call us immediately to ensure you preserve the right evidence and conduct a thorough investigation using the appropriate experts. For a free and confidential consultation with an experienced product liability attorney, please call us directly at (866) 338-7079, or contact us online.