Products don’t always work like they should, as evidenced by the growing number of product liability claims filed each year. From vehicles that are unsafe to drive to toys that pose a danger of lead poisoning or choking hazards to children, there are always products that make it onto our store shelves that are problematic and potentially dangerous, despite our staunch consumer protection laws. However, if you are harmed by a product, then you have the right to hold the manufacturer, assembler or even the seller of the product responsible for your injuries. Companies that make products, marketers who market them to you and stores that sell them all have some responsibility for the safety of the things that you buy. Call SMT Legal as soon as possible following your injuries to discuss your legal options.
Who’s Liable in Product Liability Claims?
There are three main liable parties in product liability claims: the assembler of the product, the manufacturer of the product and the marketer of the product. Working with an experienced product liability attorney is a good way to identify all potential litigants in your claim, since things can go wrong on multiple ends. A faulty design, lack of adequate product testing, processes of manufacturing that do not meet accepted standards of safety and failing to provide instructions for proper operation can all lead to claims of product liability when injuries result.
Common Types of Dangerous Products
Any product has the potential to become a dangerous product. In some cases, the product is just dangerous altogether and maybe the subject of a recall. In other instances, a batch of products is all faulty due to a faulty part. This occurs sometimes with vehicles where a particular line in a factory installs a faulty part on a particular number of vehicles. Toys, cars, medicines, appliances, and other products have all been the subject of product liability suits in the past. Medical products, clothing, playground equipment, baby and nursery products are other types of products that have resulted in claims.
In order to have a claim, you must prove that you used the product the way it was designed to be used, and you did not alter the product from its original design. The product must have caused you harm, and the harm must be significant enough to warrant the award of damages.