A product liability lawyer deals with injuries that are the result of liability along the chain of manufacture (manufacturers, wholesalers as well as retailers) of any product for damage caused by that product. Liability is typically associated with physical products. However, other elements can also be considered like intangible products such as gas, naturals such as animals, real estates such as buildings and writings such as blueprints or charts.
To prove product liability, one has to prove that there is a defect. There are three primary forms of errors:
- design defect that is the result of poor design or architecture leading to a faulty product irrespective of how well it is manufactured;
- manufacturing defect that is the result of incorrect or negligent manufacture; and
- marketing defect producing improper instructions, no warning or false advertising.
Defects may be single, for example, good design but poor implementation, or multiple, for example, drugs with terrible side effects and no warning or false advertising.
Causes of product liability
Product liability may be caused by:
- negligence (the absence of ordinary care by the manufacturer who exercised careless design or production),
- breach of warranty (the failure to fulfill the terms and the conditions of the product warranty),
- misinterpretation (giving false or misleading information to the consumers about the safety of the product),
- strict liability (defective items cause injury), and
- consumer protection (protecting consumers against a type of product that is rendered unusable, for example, the lemon law).
As strange as it may, products sold to the general public are not all safe. In fact, many of them can be quite dangerous. Some product categories with dangers items are defective drugs, dangerous baby and kid products, toxic chemicals and materials, hazardous foods, defective medical devices, dangerous car parts such as tires, breaks, and airbags, critical consumer and household products, as well as vehicle recall and defects. Some examples from your household include Teflon pans, plastic bottles, insecticides and herbicides, air fresheners, pressed wood products, and various cleaning products.
Injuries come in all colors of the rainbow as a result of defective products. Popular cosmetic products (or laser hair removal) can cause skin rashes, burns, blistering, scarring, asthma, and all sorts of allergic reactions. Work equipment, such as those used in constructions or on farms, can cause broken bones, amputation, head and neck injuries as well as internal organ trauma. Automobile safety defects can result in tire blowouts, the inability to stop, unintended acceleration, airbag, seatbelt and door latch failures, roof collapse and gasoline induced fire, to name a few.
What shall I do?
If you are a manufacturer, make sure that you have quality standards, quality assurance, and quality control in place. It is also required to disclose all side effects and possible hazards such as what happens if the seatbelt is not used correctly. If you suffered an injury due to defective products, get immediate medical attention if your injuries are significant, keep a clear record of all details related to the use of that product or whatever caused your injuries, take photos and gather evidence, and contact your product liability lawyer Little rock Arkansas who will guide you through the necessary steps to seek compensation.
What mistakes shall I avoid?
- Do not neglect medical care even if the injuries may seem mild (problems may surface much later),
- do not agree to anything without discussing the case with your lawyer,
- do not accept the first offer (rarely the best),
- never throw away anything that may be used as evidence
- avoid threatening the manufacturer or the person you are dealing with, and
- always use proper language when you formulate your complaint (many people, including the judge, may read your letter, so be as professional as you can be).
Product liability prevention?
Before you use any product, you must read the instructions so that you may use that product hence and adequately avoid a possible injury. Also, read the warning labels and adhere to the warning. Check for recalls and turn in the product for a replacement or discard it as it is deemed unsafe. If you have small children, provide strict supervision for all activities, child-proof your home and make sure that the toys they use are appropriate for their age and abilities.
Some legal advice
When using a product, you can assume that the labeling is correct, the instructions and the warnings are complete, and the intended use of the product will not result in an accident or injury. If you use the product as intended and follow the instructions and yet suffer an injury, you may have a product liability case, and you may file a claim for all types of product defects. Contact our Little Rock product liability lawyer for legal advice and competent representation.