Often in our world there are situations where products and medications reach the market without an appropriate amount of testing. When these products injure those who use them or take the medication there may be a claim against the manufacturer, source or retailer of a product for any damages caused by the defective product. These products range widely between food, medications, real estate and any other consumer product. The person who sues can be any user of the product, not just the original purchaser. Product liability when products are manufactured incorrectly or are created with a defect.
Sometimes, after an injury it becomes clear that the injured person used the product in a way that was not intended,, that was warned against or was caused by alterations made to the original product. If this is the case, and this is the reason for the issues with the product, it may weaken a products case.
If the producer of the product had been negligent in their production of the product there may be a claim for damages. Negligent testing in the production or development of a product or in warning about the dangers of the product can be claims that are worthy of filing. Each product sold has a implied warranty that it is fit for the use that it was created for, if there is a failure, it may very well be a claim. The responsible parties may be any entity that is in control of the product prior to the failure.
Many products have warnings attached to them to make the dangers of using that product clear. If these warnings are insufficient or nonexistent then there may be a claim for damages. Failing to provide these warnings can cause even a normal product to become deadly.
If a product has a design defect then the product’s defect will be present in each product because the product is created with the defect in place. The flip side of this is when the product is assembled improperly making it dangerous. If it is proved that the defect was present at manufacture there may be a claim.
If you have a potential claim for product liability, contact our firm for a free consultation. We may need to see the entirety of the warning documentation, proof of purchase and medical records.