Product Liability

Unfortunately, defective products cause serious injuries to thousands of consumers every year. Whether you encounter a product at home or at work, the manufacturer and distributors of the product must ensure that every possible step was taken to protect against harm to the consumer. When the entities responsible for the product do not take the necessary steps to ensure safety, and serious injury occurs, this area of law is referred to as product liability. Products that injure consumers may be considered unreasonably dangerous due to a variety of reasons including, a manufacturing defect, a defective design, or inadequate warnings or instructions.

Manufacturing Defect: A manufacturing defect is an imperfection in a particular product which causes the product to fail dangerously during its use. For example, a car manufacturer who installs faulty brakes in a new car will be responsible for any injuries caused by that particular car's brake failure.

Design Defect: A design defect may exist where a particular product, although manufactured exactly as intended, still poses an inherent danger to the user. Here, the manufacturer may be responsible for failing to adopt a safer, alternative design. For example, a perfectly manufactured silicone breast implant may rupture because its design is flawed, or an automobile manufactured exactly as intended may have a tendency to roll over because of its design.

Inadequate Warning: Dangerous products should have adequate warnings to the user. A manufacturer or distributor of a product who fails to adequately warn of particular dangers that they knew or should have known about may be responsible for your injuries.

If you, your child, or a loved one has been injured by a product, you may have a claim against the manufacturer or distributor of the product, or both. It is very important that you do not lose the product, nor alter the product in any way. If you no longer have access to the defective product, you should contact an attorney immediately. A lawyer may be able to take the proper steps to preserve the defective product and ensure the product is not destroyed. It is the injured party’s responsibility to prove that the product was defective, and without the defective product, the consumer may be left without any proof.

As you can imagine, the laws regarding defective and dangerous products can be complex and very confusing. Our attorneys are here to help you and your family. If you are a victim of an accident caused by a defective product and believe you have a case, our attorneys will discuss your case with you at no charge. For a free consultation, please contact our office at (304) 845-9750 or toll free at 1-800-388-2529, or click here to complete our free, no obligation consultation form. We’re ready to help.

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