In our daily lives, we are reliant on a wide range of products and goods. For the most part, these products make our lives easier. When they do not function properly, they can cause disruptions in a consumer’s life, ranging from minor inconveniences to severe injuries.
A defective product may simply refer to a product that does not work at all; however, it could also mean the product does not operate safely, causing an increase in risk from harms or even death. If you or a loved one were harmed by a defective product, it is important to understand what legal rights and options you have. It is possible to hold another party accountable for the injuries suffered in a product liability claim.
What is a defective product?
While we often look at a product’s design as innovative, the truth is that these designs can be flawed. However, a flawed design is not the only cause for a defective product. At the Law Office of E. Gregory M. Cannarozzi, our law firm understands that a defective product can be attributed to the negligence of various parties. Thus, our experienced attorneys take the time to fully assess the matter, helping our clients determine the cause and liability of their injuries.
Typically, there are three situations that could give rise to a defective product. This includes a design defect, a defective warning and defects in the manufacturing process. If the harms caused by a product were due to a defect, filing a product liability suit may be the proper step to take.
Filing a product liability action
For a claim for a negligent product design, the consumer asserts that there was a design failure that failed to consider consumer safety. As such, the injured consumer must prove they were harmed by a design defect. However, they must also prove that there exists a safer design option that is both economical and does not hinder the use or function of the product.
A claim with the basis for the failure to warn suggests that even though the product was safely designed, the product still poses a certain level of risks. These risks should be warned about, even if it is regarding the improper or incorrect usage of the product. As such, a warning defect could be the cause of the harms suffered by the consumer if it was not clearly disclosed how to properly use the product and how not to use it.
Finally, a manufacturing defect could be the basis of a product liability suit if it is proven the manufacturer did not properly follow the blueprints for the product or used incorrect or inferior material.
Being harmed by a defective product can be a challenging and overwhelming matter to navigate. However, you do not need to be left to suffer because of the negligence of another. If you believe the negligence of another party caused the defects in the product that harmed you, a product liability suit may be the proper action to take.