Before you file a case on a defective product injury, it is important that you find out who is responsible for your injuries or property damage. The person or company liable for your damages will be a defendant in your lawsuit and will be in charge of compensating you. You need to understand several things about defective product liability for you to have a successful claim.
Defective Product Laws
For a product to be available for consumers, it is relevant to meet all the necessary quality standards. However, if a product does not meet all the set expectations, it is considered dangerous for consumer use. If you get injured because of a product, the defective product law will protect and ensure you get your deserved compensation. There are different sets of groups that you can sue for your defective product injury.
Types of Product Defects
When you sustain injuries from a defective product, there are three different angles that the court will tackle the case. They include:
- Manufacturing defects
- Design defects
- Marketing defects (the manufacturer fails to give clear instructions on how the consumer should handle the product to prevent damage)
Defective Product Liability
To effectively choose a responsible party, you will have to focus on the product’s distribution channel. This means that your attention will be on the manufacturing to the distribution process. What you need to understand is that you might end up with more than two defendants. Here are a few parties that can be held liable for your injury from a defective product.
Manufacturers and Suppliers of Defective Products
There is a high probability that the manufacturer will be held responsible if the product was tampered with during the manufacturing process. The following are the types of defects that a manufacturer and the suppliers cause:
- Design defect – The product’s manufacturing process was perfect; however, the problem comes from its original design. If the product’s design can cause damages when used, then it is a defect. For this defect, the court will need you to prove that you sustained the injury due to the product design. The possible defendants for this lawsuit are the manufacturer and those who consulted in making the design.
- Manufacturing defects – It is important to note that properly designed products can still be dangerous to consumers. However, there might be an issue with the manufacturing process that might be harmful. Therefore, this means that the whole product is defective. For this type of defect, the company and control engineers will be held accountable.
- Suppliers – If a supplier knowingly supplied faulty products, they will also be responsible for any consumer injuries. In the case of defective airbags, both the manufacturer and supplier could be the lawsuit’s defendants. Here, one of the components of the product, an airbag inflator, was faulty.
Sellers and Distributors of Defective Products
The fact is that the sellers and distributors do not play any role in manufacturing any product. However, by selling harmful products to the market, they will be responsible for any product defective injuries. The manufacturer will be held accountable for any damages caused by a defective product while still under their care. If you did not purchase the defective product but got injured from it, you could still file a lawsuit. The court will still hold the parties involved responsible.
Getting Help From a Lawyer
Once you are certain that your injury resulted from a defective product, you should seek legal advice. An attorney will guide you through your case and ensure that you get your rightful compensation. Please make a point of contacting our product liability lawyers at The Eichholz Law Firm. Our legal professionals are knowledgeable of these types of cases and thus can offer you satisfactory services.
Once the liability case is filed, we will determine who is liable for the defective product being available to the public. Therefore, the court focuses on the party responsible for the defective product injury you have. You should know that you can also file a lawsuit if you sustained an injury due to defective medical equipment.
Contact The Eichholz Law Firm
The Eichholz Law Firm has a team of experienced lawyers that specialize in product liability cases. This makes us a priority for you as we will work hard to see that your case is successfully closed. Our attorneys understand that liability is a vital sector of the law and will provide you with quality legal services. Therefore, if you or someone close to you has an injury due to a defective product, you should contact us today.
Call (855) 551-1019, or fill out an online contact form to speak with our legal team today.