When You May Have A Valid Product Liability Lawsuit
Were you recently injured due to a product that you were using and feel like the manufacturer should be held responsible for your injury? You can receive compensation through a product liability lawsuit if you feel like the injury was caused by one of these reasons.
A design defect is when a product is not originally intended to be dangerous, but there is a defect in the design that unintentionally causes danger. This is important to remember because there are products that can be dangerous, such as firearms, power tools, and things of that nature. The key to a design defect is that the product should not be intended to cause the injury if it was built properly.
For example, if you have a chainsaw that you used improperly and injured yourself, there is a risk that comes along with using the chainsaw that you take on by using it. However, a baby crib that has a side rail that a child can easily pop off would be a defect since the product was never designed to work in a way that could cause injury.
A manufacturing defect is when there is a problem with the manufacturing of a product that causes an injury to happen. A great example of this is when there are vehicles that are made with a defect to some cars during the manufacturing process. If that defect causes you to get into a car accident, then it would be considered a manufacturing defect.
Failure To Warn
Product manufacturers have a responsibility to warn the users of products about nuclear dangers with the products they are making. You see this all the time on kids' toys when they are small enough to become choking hazards, and it also appears on plastic bags that can cause suffocation. While these warnings may seem obvious to you, the manufacturer has the responsibility to warn you of unforeseen dangers that come with using the products.
Fault Or Negligence Present
It's important that there must be some sort of fault or negligence present by the manufacturer in order to have a valid product liability lawsuit. There are several rules and standards that are used to determine what qualifies as negligence or fault in cases with design defects and failures to warn. For example, if a manufacturer knows that a product is small enough to be a choking hazard but does not put the warning on the item, they could be held liable.
Manufacturing defects are a bit different since these are unforeseen problems that come up during the manufacturing process that are out of the manufacturer's control. In this situation, the manufacturer may only be responsible for compensating you for the damages that the product caused.
For more information, contact a lawyer from a firm like Carton Law Office.