Nearly everyone handles and uses various products every day. As a consumer, you probably do not think about the complicated process needed to bring a product to market safely. Designers, manufacturers, distributors, and retailers contribute all of their expertise, so their innovation makes your life easier.
Unfortunately, a defective product is sometimes released to the public, resulting in consumer injuries. If you were harmed after using any kind of faulty merchandise, a Ponchatoula defective products lawyer might be able to help. A driven personal injury attorney could explore the facts leading to your injury and, if warranted, hold the manufacturer, designer, distributor, or retailer responsible.
When designers envision products and figure out how they will be put together for use, they may inadvertently miscalculate an element, or worse, cut corners and design a product with a potential hazard in order to add to their company’s bottom line. Whatever the design flaw is, it will be present in all products manufactured according to that design, impacting every consumer who purchased it.
If a safer alternative is available, or the designer and manufacturer should have been aware there would be problems with the defective design, an injured consumer may have a right to pursue compensation for any damages.
Manufacturing defects occur when a product’s design is suitable, but something happens during the production process that makes the product hazardous. Usually, the defect occurs in some products, but not all, depending on the cause and run. For instance, an item that is supposed to be manufactured at a low temperature but is manufactured at too high of a temperature due to operator error will be defective. However, other runs at the correct temperature will not be flawed.
Manufacturers are usually strictly liable for their products, which means they may not have been negligent during manufacturing but are still liable to injured consumers. In cases of strict liability, a plaintiff must prove the defect was present when the product left the factory. A skilled defective products lawyer in Ponchatoula could determine if a defect is covered under the doctrine of strict liability.
Manufacturers and distributors have a duty to warn consumers if a product they place into the market can cause harm. Warning labels or instructions for use and care should be included in the labeling or packaging. The American National Standards Institute (ANSI) governs how safety labels, instructions, and warnings should be worded and attached to products.
A knowledgeable Ponchatoula defective products attorney could determine if warnings for a dangerous product were adequate.
Plaintiffs have a right to file civil lawsuits for the harm they suffered from defective products under the doctrines of negligence, breach of warranty, and strict liability.
Negligence occurs when a designer or manufacturer carelessly puts a product out that they knew or should have known was defective, thus breaching their duty to provide a reasonably safe product. The plaintiff must be injured as a direct result of the designer’s or manufacturer’s unreasonable acts to be considered a negligent case.
Express warranties are claims that the manufacturer or retailer makes about a product and its safety. An implied warranty assures the consumer that the product is safe if used as intended and will function as expected. Any defects that cause injury could be actionable under a breach of warranty claim.
Strict liability absolves a plaintiff from proving negligence. If a manufacturer puts a dangerous product into the market without knowing the danger—for instance, if a substance could cause cancer before it is determined by science—then they will be strictly liable for any injuries. However, the plaintiff must show the product was purchased in the distribution chain and not secondhand, such as at a garage sale.
After you suffer an injury from a defective product, you may be confused about who is to blame and how you can be compensated for the harm. You could have a case against more than one defendant, depending on the circumstances of your injury.
These types of cases are complicated. Let us uncomplicate the process for you. A Ponchatoula defective product lawyer could identify all responsible parties and build a case to compensate you for your losses. Call for a consultation today.
Parker Layrisson Law Firm