What Is Product Liability and How Can It Impact Your Personal Injury Case?
If you’ve been injured by a defective product—whether it’s a faulty vehicle, a dangerous household item, or a defective medical device—you may have a product liability claim. Understanding product liability and how it relates to personal injury law can be the key to pursuing justice and securing the compensation you deserve.
At Gold, Khourey & Turak (GKT), we have been helping individuals in Ohio, West Virginia, and Pennsylvania for over 45 years, including those injured by unsafe or defective products. If a product that was supposed to make your life easier or safer has caused you harm, our experienced attorneys can help. Here’s what you need to know about product liability and how it can impact your case.
What Is Product Liability?
Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for injuries or damages caused by a defective product. If a product is found to be unsafe and causes harm, the party responsible for putting that product into the hands of consumers may be held accountable.
In a personal injury case, product liability focuses on proving that the product in question was defective and that the defect directly caused your injury.
There are three main categories of defects that can lead to a product liability claim:
1. Design Defects
A design defect means the product is inherently dangerous due to the way it was designed, even if it was manufactured correctly. In these cases, the product was flawed from the start.
Example:
A car with a fuel tank design that is prone to catching fire in minor accidents. Even if all the parts are properly built, the design itself is unsafe.
How It Impacts Your Case:
If a product’s design is inherently dangerous, the manufacturer can be held liable for any injuries. Instead of just suing for the injuries caused by an accident, you may also pursue compensation for being hurt by a product that was defective from the beginning.
2. Manufacturing Defects
A manufacturing defect occurs when a product is made incorrectly, even though the design itself is safe. These defects happen during production and typically result in a batch of defective products rather than an issue with the entire product line.
Example:
You purchase a blender, but due to a factory error, the blades are prone to breaking during use. If the blades snap and cause an injury, the issue is not the blender’s design—it’s a mistake that happened during the manufacturing process.
How It Impacts Your Case:
If a product was made defectively and caused injury, the manufacturer or the company that produced the product could be held liable for the harm caused.
3. Marketing Defects (Failure to Warn)
A marketing defect occurs when a company fails to provide proper instructions, warnings, or safety labels that would alert consumers to potential risks.
Example:
A prescription medication has severe side effects but does not include proper warnings on the label. If a patient takes the medication and suffers harmful effects because they weren’t properly warned, the manufacturer can be held accountable.
How It Impacts Your Case:
If a lack of safety instructions or warnings led to your injury, you may have a product liability case based on failure to warn. In some instances, had the consumer been properly informed, they could have avoided the injury altogether.
How Product Liability Can Impact Your Personal Injury Case
If you were injured by a defective product, product liability can be a critical component of your personal injury case. Here’s how it works:
- Proving Fault: Unlike traditional personal injury cases, you don’t always have to prove negligence in a product liability claim. Instead, you must show that the product was defective and directly caused your injury.
- Compensation for Damages: If you prove product liability, you may be entitled to compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- The consequences of a long-term disability or permanent injury
- Holding Multiple Parties Liable: Responsibility for your injury may extend beyond the manufacturer. Retailers, distributors, and other parties involved in getting the defective product to consumers may also be held accountable.
How Gold, Khourey & Turak Can Help
If you’ve been injured by a defective product, you need a law firm that understands product liability law and knows how to navigate the complexities of your case. For over 45 years, Gold, Khourey & Turak has been helping injury victims get the justice they deserve. Here’s how we can help:
1. Experienced Product Liability Attorneys
We have extensive experience handling all types of product liability cases, including those involving design, manufacturing, and marketing defects. Our legal team knows how to investigate product failures and build strong cases for injured clients.
2. Thorough Investigation
We conduct in-depth investigations to determine whether a product was defectively designed, poorly manufactured, or lacked proper warnings. We also work with product safety experts to strengthen your case.
3. Aggressive Representation
Our attorneys are not afraid to take on manufacturers, retailers, and insurance companies. Whether through negotiation or litigation, we fight to ensure you receive the full compensation you deserve.
4. Serving Ohio, West Virginia, and Pennsylvania
We have deep experience in handling product liability claims in Ohio, West Virginia, and Pennsylvania. We understand the local laws and have a proven track record of success in securing compensation for injury victims.
Need Help? Get Help. Get GKT.
If you’ve been injured by an unsafe product, don’t try to navigate your personal injury case alone. The experienced attorneys at Gold, Khourey & Turak are here to help. We offer free consultations and are available 24/7 to answer your questions.
Call us today at (304) 845-9750, chat with us live at GKT.com, or fill out our online form to discuss your case.
Need help? Get help. Get GKT.
