Product liability law ensures everything you buy is safe for its intended use. Many products, such as cosmetics and pharmaceutical drugs, undergo extensive testing. Unfortunately, defective or dangerous products still make it onto the shelves.
When a consumer product hurts you, your legal claim is similar to a personal injury case. Generally, when someone else’s actions or inaction cause you harm, you have a right to recover compensation for your physical, emotional, and financial losses. A product liability lawyer can review the circumstances under which you were injured and determine if a lawsuit is appropriate. Allow the dedicated attorneys of Fleschner, Stark, Tanoos & Newlin to fight for the compensation you deserve today.
Many hands touch products from when they are designed to when consumers purchase them. Defects can occur at any product stage and generally involve one or more of the following:
Distributors and retailers usually receive product instructions and warnings from manufacturers. They are expected to understand how the products they sell work, so customers can be made aware. If distributors fail to warn retailers, and retailers fail to warn consumers, those harmed by the inaction may be able to hold retailers and distributors responsible.
Designers may envision a product made with unsafe materials, or the design flaw may be built into how the product will be manufactured. For example, in the early 1970s, Ford Motor Company produced the Ford Pinto with a design flaw that caused the automobile to catch fire when hit from behind.
A design defect is detected because it compromises every product manufactured from the same design.
Manufacturers are challenged with producing a safe product while preserving profits. If they intentionally cut corners, products will inherently be unsafe, such as using cheaper nuts, bolts, and screws that cannot maintain the weight they hold together. Although holding a manufacturer accountable, most manufacturing defect claims fall under strict liability. This means even if the manufacturer was not negligent, they may be liable if the product is dangerous or defective.
As a product liability lawyer can further explain, consumers cannot rely on strict liability if they alter the product or use it in a way that is not intended.
Product warnings must accompany any potentially dangerous product that consumers may not realize are harmful. When a manufacturer fails to produce accurate warning labels or alert the public of the potential dangers associated with the product, they could be held liable for any harm that occurs as a result.
Every day you handle products you are confident are safe if used as directed. All it takes is one defective product to seriously injure you or a family member. When this happens, you may be left wondering why and how the injury happened. Was it a defective design? Were you not aware of the danger? Or was there a flaw in the manufacturing process?
At Fleschner, Stark, Tanoos & Newlin, our team is here to help you answer these questions and work tirelessly to get compensation from the party behind the defect. Companies and the people who run them owe you a safe product, and a product liability lawyer will seek compensation when they break your trust. Contact our team today to discuss your legal options.
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The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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