One type of scenario where you absolutely need the assistance of a personal injury firm is when you have sustained an injury as the result of a defective product. These types of injuries can manifest in myriad different ways, but there are a few different approaches that attorneys take when pursuing damages. This article discusses the three primary theories regarding defective product liability.
Defective products are often the result of faulty or improper manufacturing or assembly processes. Any product that was incompletely assembled or otherwise completed improperly would qualify as a defectively manufactured product.
Whether it was the result of a factory line–worker that failed to properly inspect outgoing products or simply an entire batch of products that weren't manufactured to specification, a defective product can pose a very serious threat. For products that involve complex assembly or toxic substances, the slightest change in manufacturing processes can have catastrophic consequences.
Even products that are manufactured according to the correct specifications can warrant defective product liability claims. Under certain circumstances, products might be designed with inherent flaws that aren't apparent until they are brought to market.
When manufacturers realize the products they are selling have been defectively designed they generally institute a recall of the product. However, by that time there is a good chance that consumers have already suffered injuries as a result of the defects. In fact, a recall is, in a sense, an admission of guilt, and one that an astute attorney can use in your favor.
Failure to Warn
Dangerous or otherwise hazardous products should always involve warnings or precautions regarding their use. However, when products afford the consumer no warning as to hazardous chemicals or characteristics, then manufacturers are automatically guilty of failing to warn.
There may also be cause for a defective product claim if the product was sent to market without adequate or proper instructions pertaining to its use. Without specific, detailed instructions concerning how to use a product, or when not to use a product, any injuries that arise while using the product are a liability of the manufacturer.
This is true regardless of whether or not the consumer used the product in a manner that might seem unusual or unorthodox. Without proper instructions or warnings, injuries that stem from the use of defective products are nearly always the responsibility of the manufacturer.
Overall, defective product claims are one of the most complex areas of the law, and you will certainly benefited from having a qualified personal injury attorney in your corner. Contact a firm like Campbell Law Group PLLC for more information.