Who Can I Sue for Injuries Caused by a Defective Product?
Posted in Personal Injury on July 7, 2021
When we purchase a product, we trust that the manufacturer, distributor, and retailer performed their due diligence to ensure the item is safe to use. Unfortunately, some products contain dangerous defects—leading to serious, debilitating injuries. If you are injured due to a defective product, you may have grounds to file a lawsuit.
When Would a Manufacturer or Retailer Be Liable for a Defective Product?
In a product liability claim, a manufacturer, retailer, or distributor of a dangerous and defective item is liable for any injuries that a customer sustains due to the defect. However, you will need to prove that the product defect falls into one of the following three categories.
- Manufacturing defect: This defect occurs when a product sustains damage during the manufacturing process, leading to a dangerous product reaching the customer. Other products may not be affected by the defect. For example, a toxic substance may fall into a batch of food on the assembly line, poisoning a certain group of products.
- Design defect: A product may be inherently dangerous from the beginning due to a dangerous or defective design. As a result, all of the products manufactured by the company can lead to injury. For example, a set of children’s dressers may be designed in a way that makes them too heavy at the top. As a result, all of these dressers are prone to tipping over, which can severely injure the children who use them.
- Failure to warn: Manufacturers have a responsibility to ensure that their products include adequate warnings and instructions. If the manufacturer fails to include these warnings and the product poses a hazard that presents a substantial danger that the user could not have foreseen, it will be liable for any injuries that occur. For example, if a blow dryer has the potential to catch on fire if a user operates it for too long, the manufacturer must include information about the hazard on the product label. If this warning is not included and the manufacturer knew or should have known about the hazard, it could be liable for any harm that occurs.
What Is Strict Liability in a Defective Product Case?
In some lawsuits, you have to prove the at-fault party’s negligence in order to secure compensation. You will need to prove that the defendant in your case owed you a duty of care, breached that duty in some way, and that the breach of duty caused your accident.
Product liability lawsuits, on the other hand, are strict liability claims. The manufacturer, distributor, or retailer of the defective product does not have to be negligent in order for you to secure compensation. These parties will be liable for any defective product that harms a consumer.
To secure compensation in your case, you will need to prove the following four elements.
- You were injured or suffered losses.
- The product is defective in some way.
- The product defect caused your injuries.
- You were using the product as it was intended.
What to Do After a Defective Product Injury
If you are injured by a defective product, it is important to seek medical attention as soon as possible. Save all records related to your injuries and treatment, and save all physical evidence related to the accident. Once you receive treatment, contact a McAllen product liability lawyer as soon as possible.
A defective product attorney will have the skills, resources, and knowledge to help you navigate the legal process and fight for your right to maximum compensation. Speak to a lawyer as soon as possible following your accident to discuss your legal options.