Do You Have a Defective Product Injury Case? What You Need to Know

Do You Have a Defective Product Injury Case? What You Need to Know

by | Dec 31, 2021 | Winston Salem |

Every year, consumers are harmed by products that were manufactured incorrectly, flawed in design, or did not warn them about potential dangers. These injuries can include financial and emotional consequences that are damaging to an individual’s quality of life. The manufacturers of a defective product, including all individuals in the marketing chain, are legally liable for the development and distribution of a product that can potentially harm consumers.

If you have been injured due to the use of a defective product, financial compensation may be due. Determining if you have a defective product injury case can be confusing. The following informational guide reveals everything you need to know about defective product cases.

Who is Responsible?

There are several parties in the marketing chain that may be responsible for the development of the distribution of a defective product.

Joint Liability

It is likely that several parties in the marketing chain are liable for your injuries. This is good for the value of your case because, if proven in the courtroom, all of the defendants will share equal responsibility for your injuries.

Responsible parties may include:

  • Retailer
  • Wholesaler/Distributor
  • Manufacturer
  • Cooperation

Anyone is involved in the development, marketing, and distribution of a dangerous product may be liable for your injuries.

Types of Defective Product Cases

There are three main categories that the majority of defective product cases fall into. These include products that are manufactured improperly, defectively designed, or do not warn consumers about improper use. Evaluate whether or not your potential case falls into any of these categories to determine if you have a case.

Defective Manufacturing

A product that was manufactured incorrectly can cause serious harm to consumers. This occurs when a team member at the manufacturing facility where the product is fabricated makes a mistake. The factory should have quality measure standards in place that prevent these defective products from leaving the facility.

Examples of Defectively Manufactured Products Include Items That Are:

  • Missing Screws
  • Broken
  • Tainted
  • Foreign Objects
  • Improperly Assembled

In a defective product case, the lawyer will need to be able to prove that the injuries sustained were a result of the product’s defect.

Defective Design

Products that were designed to be defective are a serious public safety hazard because of the immense numbers of individuals who are at risk. This may include products that are a potential electrical hazard, vehicle design, and other items that fail to safely perform their intended use.

Consumers should pursue seeking legal assistance if they believe that an entire line of items was designed poorly to protect others from using the product.

Failure to Warn Consumers

It is the responsibility of manufacturers to provide consumers with warnings that a product has the potential to be dangerous if not properly used. These special precautions are a legal liability and the brand is responsible if an individual is injured because they have neglected to provide these warnings.

Special Cases

There are several special circumstances in which users are injured by defective products.

  • Clients borrow an item from a friend or neighbor and suffer injuries.
  • Another individual is using a product that is defective and caused the client to suffer injury.
  • The client purchases a used item that is defective and causes an injury.

It is important to note that you may have a potentially defective product case even if you are not the buyer or the user of a defective product.

How to Build a Case

An attorney will need to prove that the product is defective and was the cause of an individual’s injury. It is important to your case that you gather all necessary evidence to bring to your consultation.

This evidence may include:

  • Any Related Written Documents
  • Emails
  • Product
  • Photos
  • Medical Bills
  • Statements from Other Consumers

Bringing all of these items to your free consultation will provide the attorney with all of the information that they need to build your case.

A Matter of Public Safety

A defective product is dangerous and must be reported in order for manufacturers to take it off the market. It is a matter of public safety to discourage the manufacturing of products that can cause potential harm.

Choose a Reputable Attorney

If you believe that a product is to blame for your injuries you must contact an experienced and qualified attorney immediately. A defective product case takes extensive knowledge and skill to be successful.

It is important to choose an attorney who is experienced in building these types of cases and is not afraid to pursue them in the courtroom. Choosing an attorney who specializes in defective product cases can help you get the compensation that you deserve and protect fellow consumers.

Contact Freedman, Thompson, Witt, Ceberio, & Byrd Today

Freedman, Thompson, Witt, Ceberio, & Byrd have a reputation for taking on organizations big and small. Their team of experienced, qualified legal professionals is the only law firm that Winston-Salem trusts to defend them in product liability cases.

Contact our team of knowledgeable and experienced legal professionals today for more information. Schedule a consultation to determine what your case may be worth.