Get Legal Help with a Defective Product Injury
By FindLaw Staff | Legally reviewed by Robert Rafii, Esq. | Last reviewed December 20, 2021
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Safety guards are in place to help ensure the safety of consumer products. These safety measures vary depending on the type of product. Generally, however, consumers have rights to a certain level of safety when using a product as advertised.
When a consumer product results in injury, death or other harm, victims can file a product liability claim. There are various types of defective product cases, though they usually fall into three categories: defective design, defective manufacture, or lack of adequate warnings or instructions.
This article provides you a simple basis of understanding defective product cases, including the above reasons why a product might have caused harm to an individual — or sometimes a large group of people. A product liability lawyer is the best source for further, more specific legal information:
Have You or a Loved One Been Injured by a Dangerous or Defective Product?
Anyone who has suffered an injury caused by a dangerous or defective product knows that it can be a traumatic experience. Whether the injury was caused by a design defect, improper instruction as to use, or a defect that occurred during manufacture, you have the right to take legal action against the responsible party. Responsible parties can include private citizens, stores, manufacturers, insurance companies, large corporations, and government agencies.
Under What Legal Basis Can You File a Lawsuit?
In product injury cases, the primary theories for recovery are negligence, tortious misrepresentation, breach of warranty, and strict liability in tort. (A tort is a personal injury case involving civil wrongs — not criminal.)
To succeed on a negligence claim, you must prove each of the following:
- The manufacturer of the product owed you a duty
- The manufacturer breached the duty owed to you
- The breach of duty was the actual and proximate cause of your injury
- You suffered actual damages as a result of the negligent act
You have a claim for tortious misrepresentation if a product manufacturer gave you false or misleading information about a product that caused you harm.
If you were harmed by a product that was covered by a warranty, you may have a claim for breach of warranty. Warranties are a type of guarantee that a seller gives regarding the quality of a product and can be express or implied.
A case based on strict liability allows a person injured by a defective or unexpectedly dangerous product to recover compensation from the manufacturer or seller of the product, without showing that either one was actually negligent. An experienced product liability attorney in your area can help determine which type of suit is most appropriate for you, based on the unique facts of your case.
Did You Suffer Actual Damages?
A crucial aspect of evaluating a products liability claim is determining what types and amounts of damages you have suffered, if any. It's important to estimate your damages in advance. If you have only minor injuries or minimal financial losses, it may not make sense to spend the time and energy to pursue your claim. Also, attorneys might be less inclined to represent you because it needs to make business sense for them to do so.
How an Attorney Specializing in Dangerous and Defective Product Injuries Can Help You
After any situation involving a dangerous or defective product, you should speak with an experienced attorney who will evaluate your case and fully assess your legal rights. An attorney can explain what you can expect at every step of your personal injury case.
They can take action on your behalf by interviewing witnesses, collecting records, conferring with expert consultants, planning legal strategy, and negotiating with insurers and opposing counsel — all with an eye toward strengthening your position and ensuring your fair recovery.
Finding an Attorney Experienced with Dangerous and Defective Product Injury Cases
Some victims of dangerous or defective products assume they don't have a case or are simply intimidated to file a claim. Maybe they feel alone. By talking to a personal injury lawyer with product liability experience, victims can learn whether they have a strong case. They can also feel less afraid to take on the companies responsible for their suffering.
If you are looking for skilled legal help for your potential dangerous or defective product case, use the FindLaw Lawyer Directory to find a Products Liability law firm or attorney near you. They will help you determine what the next best step is for your personal situation.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Contact a qualified product liability attorney to make sure your rights are protected.