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How To Handle A Defective Product Case

What is a Defective Product?

A product, simply put, is merchandise. For example, toys, cars, tires, seatbelts, and airbags are all products. What is and is not a product varies from case to case.

Common Defective Products Include:

  • Defective Tires​
  • Defective Airbags​
  • Defective Construction Material

​When it comes to product defects, there are three main types that can occur. These are:

1) Product Manufacture Defect

As the name suggests, a manufacturing defect is created during the making of the product. The design itself may be safe and free of flaws, but sometime in the process of manufacturing or producing the product, the product picked up a problem. In these cases, most of the products that are manufactured are fine, but the defective product comes out different, making it dangerous and defective. For example, if a seat belt is not attached properly to a car, it would be a manufacturing defect. If you have been injured in a car accident because of a defective product, contact an experienced car accident attorney today.

2) Product Design Defect

Design defects are defects that exit in the original plan for making the product. A product is defective by design if the designers or engineers who made the original plan for the product included some flaw that they should have known would lead to injuries. An example of a design defect would be a saw that does not have a safety guard. Serious injuries can result from a design defect.   

3) Inadequate Warning Label

Even the most flawlessly designed or manufactered products are not perfect. Often times, they require special care or use and warning labels need to reflect this. Manufacturers are not only required to specify how to properly use a product on a warning label, but they must also inform users of any hazards that may arise while using the product. For example, if an over-the-counter cold medicine could make you too sleepy to drive safely and leads to a car accident or wrongful death, the packaging must tell you so. If it does not, the manufacturer is legally liable for any injuries that result. This type of negligence can lead to a catastrophic personal injury if the circumstances have the potential. If you feel that you were effected by a product with an inadequte warning label, contact an experienced product defect attorney.

Report a defective product to the Consumer Product Safety Commission with this form.

Have You Been Injured as a Result of Using a Defective Product? 

A defective product claim exists when a manufacturer of a product puts that product on the market with defects. There are three ways, under the law, that you can show a product is defective. You can show that the product has:

  • A manufacturer defect
  • A design defect
  • An inadequate warning label

Proving that a product is defective is usually more complicated than ordinary cases because the defect is not typically apparent or easy to see. Some complicated products can be defective and be very dangerous, but it may still be difficult to prove.

In order to prove a product is defective, courts may require that experts on the product give testimony regarding the danger and application of a suspected defect. These experts can show alternative designs and can demonstrate that the manufacturer could have prevented the injury or death by making modifications, installing safety guards, or having designed a completely different product.

 How can I Recover from a Product Liability Claim?

Product liability cases are very specific. The actual liability of the manufacturer varies, depending on the facts of the case. If you have been injured, or are the survivor of a family member who has died as a result of a defective product, you may be entitled to receive compensation for medical care, lost wages, and pain and suffering.

The personal injury attorneys of Coye Law Firm have successfully represented many clients who have suffered physical, emotional, and financial loss because of the negligence of manufactures and distributors. We have made recoveries for clients even after other law firms have turned the case down.

 

Call 407.648.4940 or contact Coye Law Firm today for a free consultation about your case.

The expert injury attorneys at Coye Law Firm are experienced with Florida, New York, Michigan, and District of Columbia law and are here to help the injured.

If you'd like to learn more about injury law and your rights, read my book, Sharing the Secrets, Learning the Lies: A Guide to Florida Personal Injury

From this book you will learn… 

  1. The ONE THING you must do within 14 days of your accident (page 46)
  2. The two most important factors in determining case value (page 8)
  3. How to understand what your insurance will and will not cover (chapter 3)
  4. 6 critical steps you must take after an accident (chapter 7)
  5. Why you should not trust the insurance company’s repair shop (page 78)
  6. How to choose the right doctor (chapter 5)
  7. A claim you could make against your own insurance company if your car is damaged, but not totaled (page 87)
  8. The secrets to getting a fair settlement (chapter 10)
  9. An 8-step breakdown of the normal process for lawsuits (page 121)
  10. The one 4-letter word that might cost you (chapter 12)
  11. How to start gathering the most important evidence you need (page 75)
  12. …and more!

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