If your airbag fails to deploy during a car crash, it could lead to serious injury or death. If your child’s toy catches on fire while he or she is playing with it, it could lead to injury as well as property damage. However, just because a product doesn’t work properly doesn’t mean that its manufacturer is liable for damages. How do you go about winning a defective product case?
Proving Negligence Is Key in a Product Liability Case
One of the most important tasks for a defective product lawyer in a case involving a defective product is proving negligence on behalf of the manufacturer. First, it must be shown that the manufacturer owed a duty of care to the consumer. Second, it must be shown that the duty was breached in some manner. Finally, it must be shown that an individual suffered damages because of the negligent action taken by the manufacturer.
Was a Defective Product the Main Reason for a Plaintiff’s Injuries?
Let’s say that the brakes failed in the moments prior to a car crash. While the brake failure may have played a ro
le in the accident, it may not have been the reason why the accident took place. For instance, icy roads may have made braking difficult or the driver may have been driving too fast for road conditions at the time of the crash. If there were other factors that led to an accident or that led to an individual’s injury, the manufacturer may not be liable for damages.
What If the Manufacturer Didn’t Know About the Defect?
In a product liability case, a manufacturer will be held to a strict liability standard when it comes to determining culpability for your injuries. This means that the manufacturer is responsible for providing the public with a product that can be used safely when used as intended. Even if their was no prior knowledge of a defect during the manufacturing process, it won’t play a role in determining liability in a defective product lawsuit.
Do You Need to Show the Defective Product at Trial?
Ideally, a defective product lawyer will be able to show the product in question during a trial. However, this is not always possible. For instance, a product that burns for several minutes may be reduced to ashes while a vehicle may be too mangled to allow for a defective part to be removed and shown to a jury. Under the malfunction doctrine, it may still be possible to prove that a defective product caused an injury assuming that other factors can be ruled out even if that product can’t be brought to court.
If you are injured by a defective product, you may be entitled to compensation for your injuries. This may include reimbursement for medical bills, lost wages or lost future earnings. It may also include money to help renovate your home or modify your car to make it easier to use in the event that you can no longer walk or otherwise control your body.
Defective products can pose dangers to yourself, your family and to other property. If a defect leads to injury, you should contact an attorney right away. He or she may be able to help you take steps to obtain compensation for damages as well as ensure that the product is recalled in a timely manner.
If you think you might have a claim for a defective product, contact a reputable law firm that specializes in product liability cases. Tate law Group is on your side if you need representation to make a claim.