As a consumer, you have rights when you buy a product – namely, the right to be safe while using the product. Companies have an obligation to design and manufacture safe products. Failures in designing, manufacturing, and marketing products result in several legal claims available to you, which include the following.
Defectively Designed Products
Under the law, when an entire line of products of a particular design is defective and causes injury, the liability that follows is an allegation of “defective design.” Defective design claims do not arise from some error or mishap in the manufacturing process, but rather involve the claim that an entire line of products is inherently dangerous. This is true regardless whether the injury-causing product was perfectly made according to the manufacturer’s specifications. Often times, we experience a defective design type occurrence when there is a product recall.
Recent examples of a design defect include the GM Ignition Switch Recall, the Remington 700 Trigger Assembly Recall, pharmaceutical drug recalls.
Defectively Manufactured Products
Another type, perhaps the most obvious, is when the injury-causing product was defectively manufactured. That is, the product is flawed because of some error or omission in making it – that very product, as opposed to the entire line of products as in a defective design type case. Variations at the factory and other factors may explain why the defective product is different from all the other ones on the shelf. In each case, the injury must have been caused by the manufacturing defect, which requires a detailed, fact-driven investigation.
Failure to Provide Adequate Warnings or Instructions
Finally, a failure to provide adequate warnings or instructions about the product’s proper use is a form of products liability. Failure-to-warn claims typically involve a product that is dangerous in some way that’s not obvious to the user or that requires the user to exercise special precautions or diligence when using it. As with all of these cases, the injury must result from the failure to warn or properly instruct.
Defective Products Cause Injuries and Death
Injuries from defective products cause numerous injuries from brain injuries, burns, spinal cord injuries, amputations, and death. In many instances, these injuries are no accident. The underlying cause can be traced to a defective product or to a known design or manufacturing flaw.
Critical Evidence and Expert Testimony
Evidence and proper expert testimony plays a critical role in a defective product case. Under the law, often times, one must prove a safer alternative design, a glitch in the manufacturing, or a more adequate warning. This is where Gilde Law Firm focuses its attention.
We Believe: Often times, it is difficult to know whether the product user is to blame for misuse or the product itself is to blame for its defective design, manufacturing design, and/or inadequate warning.
We Fight: Gilde Law Firm fights to get at the truth of product failures through fact intensive investigations and assembling qualified experts.
We Win: We will work to obtain full and fair compensation for the illnesses, injuries, and property damages you have suffered as a result of defective products.
Contact an experienced Product Defect Lawyer. Time is of the essence. Don’t delay – contact us today.