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Designers like to envision innovative products to make your life easier, better, or more fun. Then manufacturers bring this vision to life and distributors are tasked with getting the products to you. At any stage, something can go wrong. Depending on why the product is flawed and how you are injured by it, one or more individuals or entities engaged in bringing products to market could be responsible for compensating you.
In some personal injury lawsuits, plaintiffs must prove negligence. In others, a manufacturer may be held strictly liable without being negligent. Your injuries may also stem from a failure to warn. If you are injured by a consumer item you assumed was safe, a Beech Grove defective products lawyer could explain why you may be eligible for compensation.
A design defect taints every manufactured product based on it, even if it was designed exactly to the specifications. This flaw means a product is inherently dangerous.
A manufacturing defect arises during production runs, affecting a limited number of products. The parts of a product could be assembled incorrectly, with the wrong bolts or screws, or sterile products such as eyedrops could be contaminated if bacteria invade the clean room.
If a consumer is injured after purchasing a product and using it as the manufacturer intended, the manufacturer is generally strictly liable for any damage caused by the flawed product. This means consumers do not have to prove the manufacturer was negligent. Injured consumers must prove the product left the factory in a defective state and the product was purchased new instead of secondhand at a garage sale or flea market.
When designers and manufacturers fail to hold themselves to a standard of care a reasonable person would uphold, negligence may be at play. Consumers injured by a product, such as a cancer-causing talcum powder, must prove the manufacturer failed in the duty to protect consumers, causing the product to be dangerous, and injuring the plaintiff. A Lawrence defective products attorney could assess a product to determine if a manufacturer is strictly liable or negligent.
Some products can be dangerous, especially if used incorrectly, but their value exceeds the risks. The problem is addressed with warning labels, cautioning consumers about how to use a product safely. The American National Standards Institute (ANSI) governs the application and wording of safety labels, warnings, and instructions. The use of certain colors and wording size is designed to get a consumer’s attention.
If a manufacturer fails to attach a warning label when products leave the facility, or a distributor or retailer removes the labels prior to sale, injured consumers may have a case where supply chain participants failed to warn them.
Express warranties are spelled out in printed material included with a product’s packaging. Implied warranties are unspoken but assumed, usually that the product is safe and will function as the consumer expects if used as intended. When a product does not perform according to a warranty, such as power tools that overheat and melt, causing a serious burn, an action for breach of warranty may be appropriate. A product liability lawyer is available in Beech Grove to discuss the potential for a lawsuit.
Consumers harmed by defective products often feel they do not stand a chance fighting for justice against large corporations. Huge conglomerates can employ dozens of lawyers to prevent payouts and preserve profits. Our experience and positive results tell another story. With the right legal team advocating for you, it is possible to get the compensation you need.
You are entitled to compensatory damages if a careless, negligent, or greedy manufacturer, designer, or distributor cuts corners or does not pull a faulty product from the market. Call us and see how a Beech Grove defective products lawyer is ready to fight for you.