As consumers, we make a lot of purchases. By the time a product hits the shelves and makes its way into your life, it has already passed through various phases of development. This is the case with every product that is designed, manufactured, marketed and sold. However, problems with the product can arise at any time. When we buy or use a defective product and become injured, we have officially entered the realm of product liability law.
Product liability claims can be lengthy, costly and very complex, which is why consulting a law firm with a documented and successful history of product liability cases and extensive experience is vital in getting your case off the ground. Determining the source of the problem is important in determining who bears responsibility or liability for the defective product.
Sometimes, a product is just poorly designed. Other defects result from the manufacturing process. However, whatever problem that has recently led to your injury may be evident from the keeping. The design may be sound, but if the product is poorly made, it can be dangerous or at least create unintended consequences by the designers. Another type of defect involves marketing with a lack of warnings or improper labeling.
Typically, a claim is brought under theories of negligence, strict liability, or breach of warranty and all parties that were in the chain of distribution are named as defendants. In order to successfully prosecute a product liability claim, it is necessary for the injured party to prove that the product that caused the injury was defective and unreasonably dangerous in order to recover any damages. It is simply not enough that an injury occurred while using the product because some products by nature are just not that safe – for example, a chain saw. This can be done by providing an expert witness that can demonstrate how the defect caused the injury and how the defect could have been eliminated.
If you have suffered an injury that you believe has been caused by a product defect, contact us today at Harvey Walner & Associates.