Have you been recently injured in the moment of operating a specific product? These are incidents that do indeed arrive with an element of surprise because consumers opt to have faith in the products they invest in. In other words, a person who spends his or her hard earned money in an object that is supposed to operate in a certain degree of quality expects for it to function in that way.
This is not about just a product that does not meet the expectations of the buyer but instead that in that moment of failure the product proceeds to physically harm the individual. The truth is that is something serious and just like any other personal injury accident, it deserves to be properly accounted for.
If you have been affected by this type of event and are currently suffering physical, financial, and emotional consequences because of it we would like to take a moment to say that empathize with you and would indeed like to help. As we mentioned, an injury caused by a defective product if correctly proven can in fact categorize you as a victim. This is because your damages create an array of problems that carry onto other aspects of your life.
If you sustained serious injuries, for example, the most important aspect to take care of will of course be your health. You need to properly recover from your injuries but that will not come cheap. Chances are that if you do not possess hefty medical coverage at the time of your accident the medical bills will begin to pile up.
There is nothing more stressful than to be dealing with a nasty injury that wasn’t your fault while at the same time having to worry about how you are going to pay for your treatment. It is even more complicated for people who study, work, and even have to take care of their families and put food on their table in order to survive.
Our American society runs at such a high pace that it is nearly impossible to juggle all of those things even when we are in optimal health. Now, even if you yourself haven’t even suffered an accident like this, imagine trying to do all of that while suffering an injury that hinders your ability to perform even the most simple of tasks.
It can happen, and the truth is that it happens to many Americans every single year. My friends, if that has already happened to you we do feel your desperation and anguish. Even now, suffering an injury from a defective product in these unprecedented times can prove to be even more difficult to bear. People are losing their jobs because of the economic crisis and unfortunately when somebody sufferers an injury of this nature it can facilitate employers to let go of their employees.
As we mentioned, we empathize with you, but we are also here to provide you with useful information and clear-cut solutions. As a victim, you are entitled to receive a set of owed compensation that can alleviate your medical bills, personal obligations, and ensure accountability. Arriving at that precious settlement will allow you to have a piece of mind and solely focus on recovering from your damages.
You need to file an injury claim that can officially plead that your injuries be accounted for. However, we do have to say that this process is not an easy feat to complete. In fact, attempting to seek justice on your own will be extremely difficult because you will have to go against the manufactures of the product and there are certain laws that protect these companies or corporations.
Nonetheless, despite its complexity, we are here to tell you that there is a way to properly tackle those issues. By seeking the legal assistance of a defective product injury lawyer you will be able to effectively ascertain the compensation you’re owed because of the expert advantages that these professionals have at their disposal.
These injury attorneys have extensive knowledge of federal and state laws and will know how to apply them to your own specific case. They will ensure that your interests are always the priority and that the manufacturer representatives do not try to undermine the validity of your claims.
So, we would like to invite you to join us throughout this detailed article because we do believe that it can grant you much-needed clarity in terms of your legal future. In this account, we will talk about three impending issues: The types of defective product accidents, variants of defective product state laws, and how an attorney can help you attain your compensation. Let’s get down to business.
Legal Standard
For our sake, we believe that it is important to start by answering the million-dollar question: What signifies a truly defective product? From a liability perspective, defective products usually fall into three categories: defective design, defective manufacturing, or failure to provide consumers with adequate warning labels.
Common Types of Defective Product Instances
As we mentioned before, defective product accidents have the potential to become very serious because of how unexpected they are. We are often told to always use caution when operating certain objects but even if we hold an immense set of caution, we still expect that we invest in do indeed serve its primordial purpose. For that reason, most of these accidents inflict serious injuries because at the time of impact or malfunction, these victims unfortunately have their guard down.
However, there are accidents that qualify for compensation while others do not. So, let’s go ahead and review some of the most common defective product injuries that happen in the United States:
In our previous section, we introduced defective manufacturing being able to fall into these categories of defective product injuries. In this case, a mistake occurred during the manufacturing process. As a result, that same mistake will lead to a dangerous product at the time of its utilization. On average, this manufacturing error only affects a few or even one product at the time of distribution.
When dealing with a defective design, the error is not in the moment of its manufacturing but in the way that it’s created in the first place. A product that has a malfunctioning design is susceptible to catastrophic accidents or injuries. There have been examples of design failure in things like airbags, car brakes, and airplane computer systems.
The main issue with a design failure is that the manufacturing process copies the blueprints of the design so there is virtually no way to know that there is an error in its operation. Unfortunately, the only way to know if it works or not is when its purpose is acted upon. Oftentimes, by that time it is too late to avoid these accidents and people can be tremounsly affected or even lose their lives. A defective design is more common than issues with defective manufacturing.
Failure to-warn instances also fall into the category of gross negligence. In these instances, failure-to-warn injury claims are tied to cases to cases where specific products are not given adequate warning labels. For example, there was one product liability case with a failure to warn claim in Texas in 2008. In this opportunity, the plaintiff suffered bodily harm due to water intrusion from a jet ski. In this situation, the jet ski did have warnings that were supposed to notify people of possible water intrusion. However, the warnings were not correctly positioned in a place on the object where all operators would be able to see them properly.
Common Types of Defective Products That Cause Injuries
Now that we have talked about the three categories of defective product liability, it is time to review the most common defective products that tend to precipitate these accidents.
Objects such as motor vehicles, water vessels, cosmetics, medicine, and environmental products such as pesticides have been indeed involved in defective product lawsuits or recalls. Not surprisingly, even though food has also made this famous list even though it is not designed.
If we wish to look deeper into these broad categories, some of the most common defective products include medical devices, pharmaceutical drugs, children’s toys, household appliances, cleaning products, and industrial equipment or machinery.
Variance on State Jurisdiction for Liability Claims
It is very important to understand that there isn’t a uniform product liability statute or common law that exists in the United States. To be more exact, each state within the union defines product liability law under its own standards. However, product liability claims are generally brought under the scope of strict product, tort (negligence or fraud), and even the product’s warranty.
Also, most states have their own version of a deceptive trade practices act or consumer protection statute which are meant to be of use to those who claim damages by a defective product. Typically, these laws prescribe specific types of sale and marketing practices as unethical or deceptive. These statutes pave the way for enhanced penalties and presumptions which do in fact benefit the consumers. These efforts are meant to allow plaintiffs to recover attorney’s fees from the defendant.
States also not only dictate their own version liability law but also what constitutes a defective product. For example, states define “product defects” in various ways. Usually, a jury will determine whether a supposed product defect exists from one or two defect tests such as the consumer expectations test and the risk-utility test.
The former can determine if a product is unreasonably dangerous and if its hazardous nature would or would not be noticeable for the consumer to avoid injury. The latter attempts to balance the use of the product against the risks of its own particular design, and how it was supposed to operate in the first place.
How to Prove Defective Product Liability & Needed Evidence
Your injury attorney will be able to help you attain the compensation from a defective product injury by helping you prove the necessary criteria:
- At the time of injury, you used the product as it was intended and followed all of its instructions. Furthermore, one of the most important aspects of fighting for a successful case is being able to prove that you were not responsible for the product’s defect or your own injury.
- That the product was undoubtedly defective. Your injury attorney will be able to prove within the process of design to manufacturing there was a defect in the product.
- It must be proven that you were injured or otherwise suffered harm resulting in further consequences. It’s very important to show that your physical damages precipitated further financial or emotional injuries. These things can include medical bills, loss of income, out of pocket costs, and depression.
- Finally, your attorney will be able to withdraw substantial connections between the product’s defect and the cause of your injuries.
Necessary Evidence
Now that we’ve talked about these four needed aspects of liability, your injury attorney will be able to help you get the following essential pieces of evidence:
- The defective product
- Compelling evidence that the manufacturer possessed prior knowledge of the defect in the product but chose to not act to fix or deal with it. Oftentimes, the evidence is linked to memos or written briefings.
- Medical bills and payroll records that detail your financial losses for the inability to work.
- Photos and videos of injuries, the defect, and maybe even the incident depending on the circumstance.
- Accident reports or police records;
- Bystander and expert witnesses.
- Insurance documents, such as the policy of the product
Get Represented Right Away!
The following information was brought to you by the expert lawyers at Pro Accident Lawyers. These are legal experts with years in the field and of which possess one of the best track records in the country. The attorneys at Pro Accident Lawyers are ready to take your case and deliver you the compensation you so desperately need.
We do believe that they are the best option for your own case because they have all of the necessary experience. Remember, the only way to venture into a legal claim is with the help of a defective product liability lawyer. Contact them as soon as possible!