When products are made, certain procedures must be followed in order to ensure that specific standards are met. If procedures are not done correctly, mistakes can happen and standards may not be met. This may cause a product to become defective. If a product is defective, failures can happen and people can become hurt as a result. When injuries happen due to the defectiveness of a product, companies can be held responsible for product liability. It is important to enlist legal counsel if you have been seriously injured due to product liability.
What is Product Liability?
Product liability describes accidents that may happen because of a flawed product. If a mistake is made during the production of a product, people who use the product may become hurt as a result. Some products are required to have warnings on them so that the people are aware of a potentially harmful situation. If there is no warning, individuals may not use the product safely, resulting in injury. This can occur with almost any consumer item. Some examples may include children’s toys or household appliances. When injuries happen as a result of product malfunction, individuals may wish to file a lawsuit against the company that made the product. These lawsuits are known as product liability cases.
Types of Product Liability Cases
There are many ways a product liability case could occur. There are three main categories of defect cases:
- Design defect: When a product is defective because its designer did not account for a user’s safety when creating it. In this case, the injured person must prove that there was an economically practical and safer design that could have been used.
- Manufacturer defect: When the manufacturer strayed from the usual design of the product, causing the product to injure someone. When this happens, the injured person must prove a discrepancy in the manufacturing process.
- Failure to warn: When a company fails to provide a warning label for a product that may be harmful if it is not used appropriately.
Proving Negligence
When an individual wishes to hold another party responsible for their injury, they must prove that the other party was negligent in providing adequate care. In order to do so, they must provide the burden of proof. The burden of proof requires the injured party to provide evidence of negligence. A product liability may be possible if the injured can prove that the product was made improperly and was the cause of their injury.
Compensation
If an individual is involved in an accident because of a defective product, they may wish to file a lawsuit. In the event of a successful lawsuit, the injured party may be able to receive compensation for their injuries. When an injury happens that requires medical attention, bills can become expensive and pile up. If a manufacturing company is held responsible for this injury, they may owe the injured a sizeable compensation that covers any medical costs at the expense of the product that injured them.
Contact our Firm
If you have been injured as a result of a defective product and wish to speak with an attorney, contact Trombly & Singer, PLLC. today.
The experienced personal injury and medical malpractice attorneys at Trombly & Singer, PLLC are prepared to represent clients facing legal matters after being injured due to another person’s negligence. If you require strong legal representation in Washington D.C. or Maryland, contact our firm today to schedule a consultation.
