Every year, hundreds of defective products are recalled from the market. From dangerous drugs, to automobile parts, to children’s toys, these products can be responsible for serious injuries and even wrongful death. Product liability laws are designed to compensate consumers injured by defective products and make sure no one else is harmed, by prompting product recalls or instating improved warnings to consumers.
If you have been injured by a defective product, contact our product liability attorneys at Manuel & Thompson for a review of your case.
Who can be held responsible in a product liability lawsuit?
If a product is determined to be unreasonably dangerous when applied to its intended use, and the product causes injury to a consumer (or anyone using the product),then a defective products lawsuit can be brought against the responsible parties. Our product liability lawyers can investigate the legal responsibility of every group involved in the chain of commerce, including the manufacturer, wholesaler, distributor, and retailer. Even parties who did not technically “cause” the defect may be liable if they participated in placing the defective product on the market.
The parties who can bring a defective products lawsuit include anyone who was injured using the product in a foreseeable manner. If you borrowed a product from a friend and used it for its intended purpose and the product caused injury, you may be eligible to file a product liability lawsuit. If you were injured when another person used a defective product (for example, medical conditions resulting from second hand smoke),you may be able to recover compensation in a product liability lawsuit. Contact our Panama City personal injury firm to find out more about liability in a defective products lawsuit.
In product liability law, when is a product legally considered defective?
A product is considered defective if it poses an unreasonable risk to consumers when used for its intended purpose. Product defects can usually be classified into one of three categories: manufacturing defects, design defects, or marketing defects. Manufacturing defects occur during the production of the product. For example, if a children’s toy manufactured at a warehouse contains a sharp edge when the design calls for the part to be rounded, the manufacturers can be held liable in a defective products lawsuit, if that sharp edge injures a child playing with the toy. A design defect involves an inherent flaw in a product, possibly a structural weakness in a machine part, or a defectively designed seatbelt in an automobile. A marketing defect can occur when consumers are inadequately warned about the dangers of a product are given improper instructions on how to use the product. Marketing defects are common in the pharmaceutical industry, where companies often face product liability lawsuits after a drug is recalled for a failure to warn about possible side effects, etc. At Manuel & Thompson, our defective products attorneys can help victims recover compensation if they were injured by the failure of a product or improper marketing of a product.
If you have been injured by defective products, contact our experienced product liability attorneys at our offices in Panama City, Marianna, or Bonifay for advice on how to proceed with your case.
How do I prove a product liability claim?
In every product liability case, our attorneys must initially demonstrate that the product was defective or unreasonably dangerous. A product is considered unreasonably dangerous if it causes injury when used as intended (or when used in the same manner as an ordinary consumer would use it). The next issue in a product liability lawsuit is causation. Our firm must rule out other causes of the injury and prove that our client’s injury was directly caused by the defective products. If necessary, our attorneys will employ expert testimony to demonstrate the link between the product and the injury.
If you have been injured by defective products, contact the product liability lawyers at Manuel & Thompson for a free consultation. To schedule an appointment, call us directly, at (850) 785-5555, or 1-800-832-7225.