When most people think of product liability lawsuits, they think of a long list of prominent examples—Vioxx, Firestone, Phen-Fen, Ford Pintos—that were brought to the public’s attention because of a large class action suit. The reality is that defective product suits by individuals are just as serious but get much less attention. Defective or dangerous products cause thousands of injuries every year.
What is Product Liability?
For a liability claim to be pursued, the product must:
- Have at some point been sold legally in the marketplace
- Be proven to have been defective, and that the defect made the product dangerous
There are three kinds of defects that could lead to manufacturer or supplier liability in the case of an injury:
- Marketing Defects – Some products such as knives, saws, ladders, and so on are, by necessity, dangerous. Reducing their danger – such as blunting a saw, or making a ladder short – would make the products useless.In these cases, the manufacturer and suppliers are tasked with providing proper warnings and safety features that reasonably minimize risk for the consumer. Marketing defects are the problems caused by insufficient instructions, safety warnings or clear labeling.
- Manufacturing Defects – Flaws that are introduced when the product is being manufactured or assembled.
- Design Defects – Fundamental, unsafe flaws with the product’s design, even before manufacturing or assembly.
Factors that may hurt a liability claim might be:
- Altering the product after purchase
- Misusing the product in an unforeseeable way
If you believe a defective product caused your injuries, you need a knowledgeable product liability attorney to help you get your life back on track. Pursuing a product liability claim can be complex. Because there is no federal product liability law, your lawyer must be experienced in the state laws and statutes that will specifically pertain to your case. You will be required to perform extensive investigation into the accident, and engage the testimony of experts to prove legal fault.
At M. Blake Heath, Trial Attorney LLC, we have the experience and resources to pursue your defective product claim. We handle a variety of product liability cases, including automotive, home appliance, and medical devices that fail and injure people.
More than Product Liability May be at Stake
Product liability often becomes a factor in other claims like workers’ compensation and car accidents.
- A workplace accident may have been caused by a known manufacturer defect, or a car crash may be caused by poorly designed tires.
- A vehicle accident may lead to claims against automotive manufacturers for seat belts that malfunction or lap belt only seatbelts, vehicles that are unstable and roll over, or seats that collapse or fall backwards.
A product liability claim might be another avenue for recovery for a traumatic injury. It takes experienced attorneys to recognize that path. If you or a loved one have been injured by a defective product, contact the attorneys at M. Blake Heath, Trial Attorney LLC to learn more about how we can help protect your rights. Fill out this intake form, or call: 816-931-0048