Laying the Foundation for a Defective Product Claim
Protect Your Rights with a Defective Product Lawyer
The Doan Law Firm Fights to Get You the Compensation You Deserve After
When you purchase a product, you expect it not only to work properly, but
to be safe. The stark reality is that hundreds of people are killed, and
tens of thousands are injured, annually in accidents caused by a defective
product, according to the Consumer Product Safety Commission.
Everyday consumer products can prove to be dangerous. A recent example
that topped the news not long ago involved the latest incarnation of the
Samsung Galaxy smartphone, a product that proved to have propensity to
catch fire and even explode.
Another reality is that successfully making a claim for compensation in
defective product case is not always an easy task. The complexity of this
type of claim illustrates the need for you to obtain the services of a
skilled, experienced defective product injury lawyer.
Identifying a Party at Fault
A major task in a defective product insurance claim, or a defective product
lawsuit, is successfully identifying a party at fault. Indeed, in many
defective product cases, multiple parties may be at fault for creating
the situation that gave rise to the accident that caused your injuries.
The manufacturer of a product is a likely source of a defect in a consumer
product. Something could have gone awry in the manufacturing process that
resulted in the accident and injury causing defect.
With that noted, the primary manufacturer may not be the only party in
the "creation phase" responsible for causing a defect in a product.
Oftentimes, a consumer product consists of component parts that are themselves
manufactured by yet another party or parties. An automobile is a prime
example. So is the Samsung Galaxy device.
In the case of the Samsung defect, the problem appeared to be centered
on a battery, that was incorporated into the final product. Although used
in the Samsung device, the battery was manufactured by another company.
The retailer who sold you the defective product is also a likely candidate
to be included in the a claim. A retailer has a duty to exercise reasonable
care in selling safe products to the public. For example, if a retailer
has knowledge of a defect in a product, or reasonably should have known
of the problem, that party can be held responsible for injuries sustained
from an accident arising from a product defect.
A defective product accident lawyer from The Doan Law Firm at (800) 349-0000
can assist you in identifying potential responsible parties if you have
been injured in an accident.
Types of Product Defects
Product defects can have a number of causes. One common cause of a product
defect is a problem in the manufacturing process. Something goes awry
in the manufacturing process itself which causes a defect in a consumer product.
A design defect represents another common type of product defect. Ikea
dressers that regularly fell over onto young children and others have
also been in the news in recent months. These products had an inherent
design defect that rendered them dangerous.
A product that was designed appropriately and manufactured corrected can
be rendered defective due to damage in the shipping process or even in
a retail outlet. Even if the damage is not immediately detected by a shipper
or a retailer, an argument may be able to be made that one or another,
or both, of these parties should have been aware of the issue. Moreover,
a shipper and a retailer have a duty of care that includes keeping a product
intended to be offered to the public in a safe condition.
Actual Knowledge Versus Reasonably Should Have Known About a Product Defect
A manufacturer, shipper, designer, or retailer can be held responsible
for injuries sustained in a product defect accident when a demonstration
is made that a party had actual knowledge of the defect. In addition,
responsibility for injuries arising from a defective product accident
can also attach when one of these types of entities reasonably should
have had knowledge of a problem.
In the United States, a party involved in the design, manufacture, distribution,
or sales of a defective consumer product cannot beg off responsibility
by claiming lack of knowledge when a reasonable person in the same position
would have had knowledge of the issue.
Compensation in a Defective Product Accident Case
Compensation awarded in a defective product claim, or a defective product
lawsuit, depends on the facts and circumstances surrounding the case.
With that said, there are types of injuries, damages, and losses that
commonly are financially compensated in a defective product case. These include:
- pain and suffering
- medical expenses
- permanent disability
- permanent disfigurement
- lost wages
A defective product lawyer from The Doan Law Firm at (800) 349-0000 will
also fight to ensure that you obtain compensation for losses you can expect
to incur in the future. For example, you may face ongoing medical care
and treatment into the future, for which you are entitled to compensation.
Retain a Defective Product Accident Lawyer from The Doan Law Firm
A defective product accident lawyer from The Doan Law Firms stands ready
to meet with you to discuss your case. You can schedule an initial consultation
with a member of the legal team from our firm right now by calling (800)
349-0000. Our injury hotline is staffed and answered 24 hours a day, 365
days a week, including all major holidays.
During an initial consultation, a defective products attorney from our
firm will provide you with a case evaluation. In addition, one of our
lawyers will answer your questions.
We can schedule a meeting with you at one of our offices, located across
the United States. We can also arrange for a virtual initial consultation,
depending on your needs and circumstances. There is no charge for an initial
consultation with a defective products lawyer from our firm.