You have the right to expect that the products you buy will be safe to use. Product manufacturers have a duty to sell products that will not cause you harm when used as intended. When you are injured by a defective product you can seek compensation from the manufacturer through a product liability lawsuit.
Product liability covers a wide range of defects which can make a product dangerous, including:
- Design defects - a product is put together as intended and without broken parts, but due to the design itself could never have worked properly
- Manufacturing defects - the design could have worked properly, but the product was not assembled correctly or the materials used were inadequate
- Inadequate instructions - the instructions are incorrect or confusing and unclear
- Improper labeling - the product lacks the proper safety warnings or the label is misleading
- Marketing defects - the product is marketed to users who cannot use the product safely, such as children, or for uses which are unsafe or inappropriate for the product
Who is Responsible for Defective Products?
In most cases the manufacturer is responsible for the defect. In some cases the seller may be held responsible as well. If you purchased the product from someone who altered the product, causing a defect, the company or individual who made the alteration may be held responsible.
Virtually anything you purchase is subject to product liability laws. Vehicles, children's toys, medications, and even flammable clothing have cause injury and death because of their defects. Some of the defective products that we see most often include:
- Defective Auto
- Defective Tire
- Defective Toys
- Defective Car Seats
Product Liability Law
Most product liability lawsuits fall under "strict liability", meaning that you do not have to prove negligence, but that the product was inherently dangerous.
Defective Product Injuries
A dangerous product can cause catastrophic injuries, and even death. Injuries caused by defective products can include:
- Traumatic brain injury
- Closed head injury
- Spinal cord injury
- Neck Injury
- Back Injury
- Broken bones and fractures
- Severe burns
- Facial lacerations
At William J. Tinning, P.C., we believe that every case is important, and no case is too small. If you or a loved one has been injured or killed by a defective product, please call or email us today to schedule your free consultation.
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