A product is any article or substance manufactured and refined for sale. Most products are sold in stores, online, or in some marketplace. Generally, it’s unacceptable for products to be sold when they’re defective. If a company sells a faulty product and someone gets hurt, the injured party may be entitled to compensation.
Anyone injured because of a defective product can initiate faulty product claims. Product liability attorneys build defective product cases against manufacturers who produce faulty goods. If you’ve been a victim of a defective car part in Southern Florida, car accident lawyers can help you find who’s responsible and hold them liable.
Product Liability
Product liability law holds manufacturers accountable for selling defective and dangerous products. However, product liability cases can be challenging to prove. There are many steps involved in establishing whether a product was defective and caused injuries. Faulty products are a common occurrence, especially in the medical, automotive, and retail industries. Englander Peebles offers free consultations to anyone who may have been a victim of a faulty product.
What Causes a Product Defect?
Most developers, manufacturers, and distributors build wealth by selling products. However, this does not give them the authority to sell products that are harmful to consumers. Most products have to adhere to specific safety guidelines, regulations, and laws.
Regulatory organizations set guidelines that homogenize product and consumer safety. State and federal laws provide legal recourse when a product causes injuries. Typically, manufacturers follow these guidelines but defects still occur, and injuries still happen.
Regulatory standards cannot anticipate every faulty product. In addition, these agencies are not responsible for ensuring that you receive the damages you’re legally entitled to if you’ve been injured. This is where product liability laws can be helpful.
Product Liability Laws Establish Legal Liability
Defective product cases are tried under product liability laws. These laws define a business’ legal duties and responsibilities over their products. These standards of proof must be met so that an injured individual can prove that a product was defective and caused their injuries. These laws also determine what damages the injured party could receive.
Product liability laws vary from state to state; however, faulty product claims are based on the following:
- Design defects
- Manufacturing defects
- Labeling and marketing defects
- Missing or inadequate warning labels
- Warranty of merchantability and whether it’s fit for use
Faulty Manufacturing
If a company assembles a product incorrectly and it does not work as intended, these errors can make them liable for damages the product causes. Human error and poor materials are often the two major causes of defective manufacturing. If you suspect a manufacturing defect caused your injury, contact experienced product liability attorneys to assist you.
Faulty Designs
When design defects exist, an adequately manufactured product can cause injury even though the customer used it as intended. In these instances, the fault lies in how the product was designed.
An individual who claims a negligently designed product their injuries is responsible for showing:
- That an alternate design is safer
- The alternate designs also function
- The alternate designs have similar or reasonable costs
- The purpose of the alternate is the same as the original
Faulty Product Examples
If you’re the victim of a poorly designed product, product liability law professionals can help you seek the damages you’re entitled to by law. Contact Englander Peebles for a free consultation to discuss your defective product claim. Here are some examples of the most common types of faulty products:
- Medical devices, including pacemakers, prosthetics, surgical equipment, implants, metal hip replacements, transvaginal mesh, Guidant defibrillators,
- Pharmaceutical drugs were defective due to marketing, manufacturing, or failure to warn.
- Children’s Toys with choking hazards, sharp edges that can cause severe cuts, or painted with contaminated paint
- Appliances that expose consumers to severe hazards like choking, electrocution, fire, drowning, lacerations, and more.
- Cleaning products and chemicals that cause injury due to long-term exposure
- Industrial machinery, including bulldozers, backhoes, bulldozers, circular saws, forklifts, graders, and more
- Automobiles and motor vehicles are caused by manufacturing errors and common defects like faulty tires, jamming brakes, sticking gas pedals, defective steering, and electronic malfunctions
- Food that causes poisoning, sweating, chills, loss of appetite, nausea, vomiting, exhaustion, abdominal cramps, and diarrhea.
- Cosmetics with harmful chemicals
If you were injured in an accident caused by a defective auto part, Car Accident Lawyers may prove helpful. An attorney will protect your legal rights after an injury, prove complex product liability claims, and demonstrate why you deserve compensation for injuries you suffered due to a defective product.