Were you or someone you know injured by a defective product? You may be entitled to compensation. Many different types of products can cause injuries, including dangerous drugs, faulty medical devices, defective airbags, defective toys, defective tools, and others. If a product’s defect causes an injury when the victim is using it in its intended manner, the victim may recover damages for his or her losses. These types of cases can be complex, but the attorneys at the Law Offices of Bryan Musgrave have the knowledge and experience needed to help you successfully pursue your claim.
Defective Products and Types of Defects
Product defects fall into three main categories: design defects, manufacturing defects, and marketing defects. If you are injured by a defective product, you may have grounds to file a lawsuit against the parties involved in the chain of commerce. All of the parties involved in bringing the defective products to the market can be held liable to pay damages to the injured victims.
Design Defects
Design defects are defects in a product’s design contained in its blueprints. A design defect is something that makes a product unreasonably dangerous and hazardous for consumers. When a design defect exists, all of the products will include it.
Manufacturing Defects
Manufacturing defects occur when an error is made during assembly that was not intended to be included in the product. Typically, manufacturing defects will be found in a small number of goods produced by a company, such as in a single lot of products. Manufacturers are strictly liable for manufacturing defects that occur regardless of the care that they took during the process. If you were injured because of a manufacturing defect, you will need to prove that the defect was present when the product left the factory.
Marketing Defects
Marketing defects are problems with a product’s warning label or marketing content. If a manufacturer fails to warn consumers about the potential risks of its products, all of the parties involved in the chain of distribution may be liable when a correct warning label could have prevented people from foreseeable harm.
Warning labels must disclose existing dangers and the severity of their products’ risks. They must also explain the hazard’s effects and how to avoid danger. Warning labels should be visible and placed as close as possible to the hazardous area. Finally, the warning label should indicate the severity of the danger.
Types of Defective Product Claims
There are three main types of product liability cases: negligence claims, strict liability claims, and breach of warranty claims.
In a negligence claim, you must demonstrate that the manufacturer’s or designer’s negligence caused your injuries. To prove negligence, you will need to show the defendant’s duty of care and that it was breached. You will also need to show that the breach caused your injuries and damages.
Strict liability claims do not require plaintiffs to prove negligence. In these types of product liability cases, the injured victim will only need to prove that the defect existed at the time the product left the factory and that he or she was injured and suffered damages. Second-hand products will not form the basis of a strict liability lawsuit.
Breach of warranty claims involve claims that either the express or implied warranty was breached. An express warranty includes a statement from the retailer or manufacturer about the safety of the product. An implied warranty exists when the defendant implies that a product will not cause harm when it is used as intended. Anyone who uses a product, including people who purchase second-hand goods, may be eligible to file a breach of warranty claim.
Contact the Attorneys at the Law Offices of Bryan Musgrave for Help
Defective products can cause devastating injuries. If you believe you were injured by a product defect, you should talk to an experienced lawyer at the Law Offices of Bryan Musgrave. Contact us today to schedule a free case evaluation.