When you purchase a product, you expect it to work as promised. When it doesn’t, the simple solution is to return it and get a new item or a refund.
But what if the product is defective and leads to an injury? How do you know who’s responsible for your injuries?
Defective products caused over 29 million injuries and 21,000 deaths last year. If you’ve been injured due to a defective product, it can be confusing.
You may wonder what to do next and whether you should take legal action. If you’re considering filing a claim, we can help.
Here’s everything you need to know about suing for a defective product.
Causes of Action in a Product Liability Claim
There are three common causes for product liability claims. These include:
Design Defects
Sometimes there are inherent defects in a product’s design rather than its manufacturing. An example of a design defect is a car airbag that deploys with great force and injures the driver or passenger.
Manufacturing Defects
A manufacturing defect occurs during the creation process of a product and leads to a deviation that makes the product a danger to the consumer. An example is a product that has a missing part, which causes the product to break and hurt someone.
Failure to Warn
A product that may be dangerous should come with a warning and instructions for use. A warning defect occurs if there is no user manual or warning and someone is injured as a result.
An example is a prescription medication that causes drowsiness without a warning label on the bottle. If a patient takes the medication and is injured in a car accident as a result, they may have a valid product liability case.
If you’ve been injured and suspect the cause is a defective product, contact a product liability lawyer to discuss your case.
Who Can Be Held Liable for a Defective Product?
Typically, you would include all parties involved in a product’s chain of distribution. A product liability lawyer understands this type of personal injury law and can guide you through the legal process.
Manufacturer
In most cases, the distribution chain begins with the product manufacturer. Responsible parties may include companies that designed or marketed the product as well.
Wholesaler or Distributor
There may be multiple distributors, suppliers, or wholesalers in the chain of distribution. These are often middlemen between a manufacturer and other retailers.
Although they may have nothing to do with a defective product’s manufacturing, they may still bear some responsibility for your injury.
Contact a Product Liability Attorney
Defective product cases are often complex and can be difficult to prove. For these types of cases, your best recourse is to seek help from a product liability attorney.
If you or a loved one is dealing with an injury due to a defective product, an experienced personal injury lawyer can help you understand your rights and secure the compensation you deserve.
The Newsome Melton legal team has built a reputation for taking on and winning hard cases against powerful defendants. And we would love to help you.
Contact us today to schedule a free case evaluation.