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Defective Products Attorneys

When you purchase a product, you expect that it will work as intended and as advertised. We all know from personal experience that this is not always the case. In most situations, a defective product is a mere annoyance. However, in some cases, it can result in injury and even death.

Defective products can cause serious injury. Parties involved in the chain of distribution of products to consumers have a duty to ensure the products they sell are not unreasonably dangerous. Serious injury can occur as a result of a manufacturing process error, missing or inadequate warning labels, unreasonably dangerous products, marketing defects, or defective parts, for example. In products liability cases, it is important to find out what happened to determine who can be held accountable to the injured party. A product liability lawyer is knowledgeable about the laws that protect consumers against the dangers created by defective products.

HOW CAN WE HELP YOU?

If you suffered a defective product injury, a free consultation with our product liability attorneys can help you determine the best course of action for you. You may have a product liability claim if a product defect caused you personal injury or monetary loss. You can seek compensation by making a product liability claim to recover medical expenses, lost wages, pain and suffering, and property damage.

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DEFECTIVE PRODUCT DEFINITION

Product defects are characteristics of a product that hinders its usability for the particular purpose for which it was designed and manufactured. There are different types of defective product claims. The law of each state may determine the specifics of product liability cases. In general, there are three types of product liability claims:

Design Defects:

A design defect occurs when the product is inherently dangerous to consumers, even if the product is used as instructed. In other words, the product fails even when used appropriately. Examples of design defects include:

  • Structurally unstable products, such as dressers that can topple over
  • Products that are dangerous for children, such as toys with small parts that can be choking hazards

Mechanical defects in the design of a new vehicle, such as top-heavy vehicles that can flip over

Products without reasonable safeguards, such as lawnmowers with exposed blades

Manufacturing Defects

A manufacturing defect occurs when the product departs from its intended design, meaning that something was done incorrectly in the manufacturing process. A manufacturer is held liable for manufacturing defects regardless of how careful it was in making the product. This is called strict liability. Examples of manufacturing defects include:

  • Factory mistakes, such as incorrect assembly order of a product, incorrect bolts or screws, or incorrectly attached parts
  • Contamination, such as infant formulas contaminated with bacteria

Marketing Defects

Anyone involved in the making, distributing and selling of a product must market the product with regard to consumer safety. Some products are potentially dangerous if used incorrectly. Manufacturers are required to include instructions and/or warnings to help the consumer use the product safely. Those selling or advertising the products should not make false or misleading claims. Examples of marketing defects include:

  • Wrong or incomplete user instructions, such as incorrect instructions for building a play set
  • Failure to warn of risks, such as failing to advise patients of a medication’s known side effects
  • False advertisement or claims, such as claiming that products are indestructible or absolutely safe

WHO CAN BE HELD LIABLE IN A PRODUCT LIABILITY CASE?

If you bring a product liability lawsuit, different parties involved in the making, distributing or selling of the defective product can be held liable. The applicable law may depend on the state where the personal injury occurred, where the product was made, or where it was distributed. Defective product lawyers can determine the law that may be more favorable to the injured party, if the product is part of a mass tort, and if a class-action lawsuit should be pursued. Parties responsible for designing, manufacturing, distributing, selling and marketing defective products can be held liable to the injured party.

THEORIES OF LIABILITY IN DEFECTIVE PRODUCT CASES

Strictly liability

A party is liable whether or not they were negligent or intended to do harm. Any party involved in the distribution chain of the product is liable if the injured party proves that the product is defective, regardless of the party’s intent in the creation or distribution of the defective product. Usually, the law imposes strict liability on inherently dangerous products, such as fireworks and heavy machinery.

Negligence

A party is liable if they breach a duty to exercise reasonable care and this breach causes injury. Negligence consists of doing something or failing to do something a reasonable person would do under the same or similar circumstances. For example, a party involved in the distribution chain of a defective product can be negligent in inspecting or issuing adequate warnings for the product.

Breach of warranty

Under the law of contracts, there are warranties related to the sale of products or goods. There are express and implied warranties. The breach of a warranty can give rise to warranty claims. In a breach of a warranty claim, the consumer asserts that the defective product violated a promise made by a party in the distribution chain of the defective product.

An express warranty is a promise or guarantee made about the product. Product warranties are a common example of express warranties. If you purchase an appliance with a five-year warranty, you expect it to work for that period of time. Express warranties can be made by specific statements, in the description of the product, or by a sample of the product, for example.

An implied warranty applies when a consumer purchases a product. Implied warranties include the warranty of merchantability (the product is in proper condition and free of defects) and the warranty of fitness (the product is guaranteed for a specific purpose).

Product warranties protect the original buyer. Product liability lawyers can help you determine if they apply to other types of consumers or buyers.

LET US HELP YOU FIGHT YOUR PRODUCT LIABILITY CASE TODAY

If you have suffered a defective product injury, you should contact a product liability attorney as soon as possible. You should preserve the defective product and contact our law firm at 800-800-4600 for a free case evaluation.

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We offer free consultation 24/7, and there will always be someone here to take your call. Call our product liability lawyers today for a free case evaluation, or fill out this form, and we will contact you.
We serve clients across Tennessee and Kentucky, and we have several offices throughout both states. Visit contact us for a convenient list of locations.

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