Product Defect Lawyers
Product defect liability occurs when a manufacturer sells a defective product to consumers. Within the chain of distribution, the responsibility for a product defect that injures others may fall on the manufacturer, distributor, or merchant. An experienced product defect lawyer can help you determine which parties may be responsible for your injuries and can help you get the justice you deserve.
Types of Product Defects
Manufacturing Defect
This category includes products that have been defectively manufactured on the part of the company. The product defect occurred because a mistake was made at the factory or between the factory and wherever the product was purchased. This defect results in a hazardous product.
Defective Design
Defective design claims involve products that have been designed in an incorrect manner. This usually means that the product is somehow defective even though it was correctly manufactured. These cases do not involve a single product, but rather an entire line of products.
Inadequate Warning Labels
In these claims, there is a failure on the part of the manufacturer to provide adequate warning labels and clear instructions regarding the proper use of the product. This type of defect could end up causing severe injury or death.
Types of Product Liability Lawsuits
The number of products that can cause injury is extensive, but product defect liability lawsuits can generally be grouped into three categories.
Negligence
The injured individual must demonstrate in court that the company was careless in the design or manufacture of the product that led to their product liability injury. They also must demonstrate that the manufacturer had a duty to sell a safe product, but this duty was breached. A breach of duty can be proven if the plaintiff reveals that the company knew that the product was defective and still put it on the market.
There are many ways that negligence within the product development can occur, including the following:
- A failure in the design or, a failure to review plans for the product
- A failure to properly monitor maintenance of the machinery that is responsible for manufacturing various components of the product
- A failure to foresee plausible uses for the product
- A failure to inspect or test the product sufficiently
- A failure to adequately test the product before it is released to the market
If you were hurt due to a defective product, you have the right to pursue compensation for your pain, suffering, medical bills, and other expenses. You do not have to suffer alone without getting the justice you are owed.
Strict Liability
Product defect cases are often pursued under strict liability. The affected party is only required to prove that a product defect exists. If a defect is found, the manufacturer may be strictly liable for damages, regardless if they used extreme caution when making the product. The product must have been purchased under a distribution chain for strict liability to apply. Products that were bought second-hand are not eligible.
Breach of Warranty
There are two warranties the buyer can rely on: the express warranty and the implied warranty. A breach of warranty covers any person who might have used the product.
- Express Warranty: A warranty on the product and product safety that is made by the manufacturer or retailer.
- Implied Warranty: A warranty by the manufacturer that implies that the product will not cause any harm if used as intended.
If one or both of these warranties are breached, you might have a valid product defect claim.
Contact Us
If you have a product liability case, you can depend on Hach Rose Schirripa & Cheverie LLP to effectively handle your claim. Call us at 212-213-8311 today for help.