You probably do not think about the effort behind all the consumer products you use daily. These products make life easier, cure your ills, transport you, and provide enjoyment. They should be safe, but sometimes they are not.
Unfortunately, defective products find their way into stores and injure consumers. These can be any goods that do not perform like you expect, relying on warranties, advertising, and common sense. When a product harms you, whether it is pajamas that catch fire or an over-the-counter medication that causes cancer, you should seek counsel from a knowledgeable personal injury attorney. A Gretna defective products lawyer could help you win compensation from the responsible parties.
Design and Manufacturing Defects
Designers create products and determine how each element contributes to the product’s function. If a design element is miscalculated or substandard, it becomes a consumer hazard. Design flaws taint all products produced using that design. Consumers injured by a product’s design flaw must show that a safer alternative could have been used, even if it was more expensive, or that the designer and manufacturer knew or should have known the design was problematic.
Manufacturing defects happen when a glitch in making the product makes it hazardous. Often, only part of a manufacturing run is flawed before the problem is detected and corrected. For instance, a medication that must be mixed in a sterile space could be defective when bacteria seeps in. A manufacturer must not necessarily be negligent for an injured consumer to prevail in a personal injury lawsuit. A Gretna defective products attorney could study facts thoroughly to build an airtight case for compensation.
Warning Consumers
When a product’s danger is not evident, but using it correctly can be beneficial, manufacturers or distributors must warn consumers or provide instructions for use in the packaging or labeling.
The American National Standards Institute (ANSI) determines consistent warnings and how they are delivered to consumers.
Lawsuits for Defective Products
Three legal theories behind defective product lawsuits are negligence, strict liability, and breach of warranty. Consumers must be harmed or injured to bring a lawsuit for a defective product.
Negligence
Product designers and manufacturers are negligent when they act below the reasonable standards accepted in the industry and their acts or inactions harm a consumer. An injured person can be compensated for money spent and lost dealing with the injury, as well as for emotional distress.
Strict Liability
Manufacturers who release dangerous products into the marketplace, even when they are not negligent, can be held liable for injuries under the doctrine of strict liability. This can happen, for example, when a drug causes unanticipated harm that the manufacturer did not know about at the time. The plaintiff must prove they purchased the product within the distribution chain instead of secondhand.
Breach of Warranty
Manufacturers provide express warranties, which are claims they stand behind concerning how a product works and what it is supposed to do. Implied warranties are not in writing but are assumed that the product will work as intended and is free from defects. A breach of warranty can lead to a lawsuit. A defective products lawyer in Gretna could compile evidence of a manufacturer’s negligence and fight for maximum compensation.
Call a Gretna Defective Products Attorney Who Understands Your Needs
Going against a multi-million-dollar company after being harmed by their product can feel like trying to scale a mountain. You do not have to do it alone.
A Gretna defective products lawyer could identify all applicable defendants, gather evidence, build a strong case, negotiate with insurers, and fight for you in court when necessary. Call for a free consultation today.
