When you buy something you are expecting it to be safe. What happens when that doesn’t happen? If you or a loved one have sustained an injury to a defective product there are a number of parties that can be held liable for it. Everything on the market should be ready for consumer use, and when it isn’t the damages can be high.
If you or someone you know has been injured by a defective product you may be entitled to compensation.
Most Common Product Liability Lawsuits
Generally, there are three main types of product liability cases. The type is going to come down to what happened with the product. It is important that you are honest with your lawyer when talking to them about the injury and how it came about. The three main forms of lawsuit you can expect are as follows:
- Negligence Cases
In this case, you have to show that carelessness in the design or manufacturer of the product is what led to your injuries. You’ll also have to show that the product manufacturer knew that that the product was defective and did nothing about it. The company that produced the product is going to try to prove that they did everything right to get away from being liable. This is why hiring a lawyer is in your best interest as there are several factors to consider. A company can be held liable for not maintaining machines responsible for the fabricating of the product, failing to see the foreseeable uses of the product, failing to properly test or inspect the product, or even releasing it too quickly.
- Strict Liability
Most cases are pursued under the theory of strict liability. These claims are a little easier than negligence cases as it only requires you to prove that a defect exists. In the case of a defect, the manufacturer may be strictly liable for any resulting damages, regardless of whether they exercised extreme care or caution. However, products purchased second-hand are not eligible for strict liability claims.
- Breach of Warranty
When a product is sold there are two warranties that you can rely on and those are the express warranty and the implied warranty. The expressed warranty is that there is information about the product and it is safety made by the manufacturer. An implied warranty is the implied promise by the manufacture that no harm will come from the product if used as intended. The breach of either of these warranties can be ground for a claim.
If you or a loved one have been injured by a defective product don’t hesitate to reach out to David & Philpot P.L for a trusted product liability lawyer.