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Product Liability Injury

 Personal Injury Lawyer

Motor vehicle accidents and slip and falls are not the only personal injury instances that lead to serious injuries. Defective products may potentially trigger harm to an individual that causes injury. Product liability laws are in place to protect the individual who is harmed by a defective product and hold the individual or entity responsible for the defective product accountable. Laws vary from state to state, but product liability laws help establish limits and assist in ensuring the hurt individual receives compensation should the claim be legitimate because unlike normal personal injury cases there are other parties outside of insurance and just a specific individual that are involved.

When product liability becomes a factor in an injury case there are so many factors to consider. Was the issue on the seller’s part? The manufacturer? Each product has specific expectations to fulfill before a product is sold and should they fail to comply, they will be held responsible. This is because it does not meet the minimum and usual expectations that it should for a consumer. 

In order to have a legitimate product liability case, the product must not have caused injury due to the consumer’s negligence. For example, swallow pieces of the toys, stepping on the product due to failure to pick them up or not noticing it on the floor. Instead, the product must fail to some extent, which causes the injury.

The defect may be due to the design, this means when a design is made and before production, there were bound to be flaws. Any product liability claim will then fall on the designer. Should that design be foolproof and somehow the manufacturer did not follow the design and thus not distributing the product as intended, the liability will also involve the manufacturer. Failure to include warning labels or list improper warnings entirely, may fall on the marketing teams. It is fairly easy to determine who is in at fault in these cases, based on how the injury came to be. 

Should you or your family suffer from any product liability injury, it is important to seek medical treatment immediately. Following this, speak with a personal injury attorney in your area, like a Dekalb County attorney, who has experience with product liability. The right attorney will assist in holding the right party responsible and work their best to see that you are compensated for the damages. Contact an attorney as soon as possible.

 


 

Thanks to the law office of Andrew R. Lynch for their insight into product liability injury.