Every year people purchase and use products that are defective or dangerous. This results in thousands of injuries and in some cases, death. It is important to determine responsibility for a defective or dangerous product so that justice for the victim may be served. When someone has been injured by a defective product, they have the right to be compensated for their injuries and the emotional turmoil they’ve gone through. Attorneys who specialize in products liability, like the experts at Tate Law Group, will know how to protect an injured individual’s rights as they retrieve consumers’ compensation for their losses.
What are the Different Types of Products Liability?
There are three different categories for product liability which refer to the specific way in which a product is defective.
- Manufacturing defects happen during the production or assembly process.
- Design defects take place prior to the product being put into production; during the design or testing phase.
- Warning defects can happen before, during or after a product is manufactured and marketed. These types of defects have to do with errors in any warnings that are included with certain products.
Products Liability Statistics
The United States Consumer Products Safety Commission (CPSC) records data concerning the trends on deaths and injuries related to defective products. These types of cases earn the second-highest median damage awards in all types of personal injury cases. More than seven percent of all personal injury cases are for product liability.
- Over 25 infants die annually as a result of crib-related deaths.
- Thousands of electric blankets overheat and burn consumers.
- Some products sold, such as laptop batteries, have a high risk of overheating and causing a fire.
- Millions of vehicles are recalled each year because of defective parts that cause death and injury.
- The number of children who are injured because of toys increases annually.
Federal Product Liability
There are no federal product liability laws; product liability cases fall under the jurisdiction of each state’s laws. These laws determine negligence, breach of warranty, strict liability and more. Each state has commercial statutes that contain their rules concerning product liability.
There are essential elements that must be present for a product liability case to have merit. It must be proven that the product used during the event of injury was defective. The condition of the product and how it was responsible for causing death or injury needs to be shown. It must be demonstrated that the product was in the same condition during the injury-causing event as it was when it first came into the victim’s possession. The product must have been used as intended during the personal injury event. It must also have been used in a manner that can be considered reasonable.
What to Do If You've Been Injured by a Defect Product
When a person feels they have sustained a loss because of a defective product, the first step is to contact a product liability attorney’s office, such as Tate Law Group. Every case is unique. You may be entitled to compensation for everything from pain and suffering to medical bills, lost wages, funeral expenses, and more. We can determine the liability of those involved in the chain of commerce and more.
In the United States, the current product liability doctrine recognizes that most consumers do not have the same opportunity to inspect or closely analyze products for safety that manufacturers do. Therefore, it is the job of the manufacturer to provide safe products. Consumers should reasonably expect that the products they purchase will operate safely and not cause them any harm. When something goes wrong, and an individual experiences injury or death due to a defective product, those responsible must be held liable for their actions. They must be forced to provide compensation to those who have been harmed by the products they’ve created. Here at Tate Law Group, we make this happen. We are committed to obtaining fair and adequate compensation for our clients. If you have suffered an injury due to a defective product, contact a lawyer at Tate Law Group today.