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Laying the Foundation for a Defective Product Claim

Posted By Doan Law Firm || 7-Jan-2017

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 an Accident

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.

Categories: Defective Products

Contact an Experienced Personal Injury Lawyer

After an accident, the responsible party's insurance company may try to reduce the claim amount. Commonly, insurance adjusters are trained to get information from the injured to assist in reducing the claim. Though some insurers are less guilty of this practice than others, it is important to realize that insurance companies are profit-oriented corporations and reducing claims results in increased profits for shareholders. This can create a situation for the injured in which they are offered a settlement that does not truly reflect the damages suffered. If you accept this settlement, you lose the ability to get more money should your injuries require further medical treatments. It is critical that victims get legal assistance in any personal injury case, and The Doan Law Firm is prepared to fight relentlessly for your rights.

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