product liability

Product Liability: How to Argue Your Case

product liabilityProduct liability claims are taken out against a wide array of companies. From foods to medications, and automobiles to children’s toys, just about every industry has had an issue with defective products. The causes of defective products are usually: bad design, faulty manufacturing, or failing to include adequate warnings or instructions with the product.

If you’ve been the recipient of a defective product and have experienced injury or illness you have the right to file a defective product liability suit.

Why You Need to Argue Your Case in the First Place

Why should you take the time to file a liability suit? If you or a loved one have been injured you deserve compensation. The responsible party needs to be held accountable.

Another reason to start a liability case is to prevent any repeats of what you’ve had to endure. A company that is held accountable should remedy whatever caused the defect in their product. Consumer safety is very important. If you are able to win your liability case, you can help protect others.

In order to do that, though, you have to know how to go about arguing your case. The first step is determining what caused the defect. To win your case, you need to be able to prove who is at fault.

Faulty Design

When you and other consumers purchase the same product and you all experience the same issues, you can figure the issue is with the product design. An example of this is the automobile industry. The way airbags are designed to deploy is an especially hot topic. Many vehicles have been recalled because of injuries or death due to the faulty design of a vehicle’s airbag deployment system.

Lax Manufacturing Practices

You can tell there has been an error on the side of the manufacturer when you compare your product with the same product on store shelves. For instance, let’s say you bought a lawn mower with a faulty part. You would need to compare your mower with the same model at the store. If yours was the only one with a defect, you could likely assume that the manufacturer is at fault.

In order to prove your case, you need to show that any injury that resulted was due to the faulty part, not in poor judgment or improper handling on your part.

Lack of Warning Label or Instructions

If you purchase a product that doesn’t warn you of potential hazards, or has inadequate instructions, you will have a failure-to-warn case. For example, pharmaceutical companies have added ingredients to medications without listing them on the product label. Consumers with allergies to that ingredient, or who take prescription drugs that could interact with the “unknown” ingredient in the new medication, could have serious reactions. The company is liable for failure to warn.

If you’ve experienced illness or injury because of a defective product, you deserve justice. Talk with one of the attorneys at the John C. Fitzpatrick law firm to find out the best way to argue your case.