Every year, an individual is harmed by a dangerously defective product either he or she bought and/or simply used. Manufacturers, distributors, wholesalers, designers, and retailers need to be held accountable for the defects in their products. An individual may have a products liability claim against a specific liable party depending on whether the defect is a design defect or a manufacturing defect. A manufacturing defect is a defect caused by an error in the line of assembling the product. A design defect is an error in the original design of the product causing it to be unreasonably dangerous to users.
There are many nuances to a product liability claim. If you or someone you know was injured by a defective product, you should immediately reach out to an attorney who specializes in products liability cases. Here at Mitcheson & Lee, our attorneys understand the legal loopholes they have to jump through to get you the compensation and peace of mind you deserve. Compensation may include but are not limited to:
- Medical Bills.
- Lost Wages.
- Pain and Suffering.
In general, there are three ways to approach a products liability case. Each avenue will vary in terms of the type of compensation an injured individual may receive as well as the liable party to extract compensation from. In no particular order, a products liability claim may be based on 1) breach of warranty; 2) negligence; and 3) strict liability. In a breach of warranty theory, a warranty is essentially a contract between you and the seller of the product. A warranty can be either an express or implied guarantee that a product is fit for a particular purpose. For example, rain boots should protect your feet in the rain. In a negligence theory, the manufacturer, designer, distributor, and/or retailor could be held liable if the defective product was caused by a lack of ordinary care. In a strict liability theory, any party in the chain of commerce may be held liable for an injured individual regardless of whether ordinary care was taken. An injured individual would need to show that the defect responsible for the injury was present before it departed from the place of manufacturing.
A products liability lawsuit could also encompass the failure to warn if warnings could have prevented foreseeable risks. According to the American National Standards Institute, a warning label should inform the user of known hazards, the risks involved in using the product, effects of the hazards, and how to prevent or reduce risks. Along with that, a label should be visible to the user, often including things such as large font or a bright color.
Products liability may include cases of food poisoning or contamination too, which are not often thought of as products liability by consumers. Every year, consumers are affected by foodborne illnesses and food poisoning. With food moving down the chain of commerce just like any other product, it can be extremely difficult for consumers to pinpoint the party responsible for the injury suffered. Here at Mitcheson & Lee, our seasoned personal injury attorneys know where to search for evidence to reduce the risk of compromised or destroyed evidence.
We care about your health and safety, and will do our utmost due diligence in protecting your rights as a consumer. If you or someone you know was using a product as instructed but suffered an injury nonetheless, please contact Mitcheson & Lee at (617) 939-4388 or (781) 223-3635 to schedule a complimentary consultation.