• Defective Products Can Lead to Serious Injury

    defective productdefective productDefective products can be a lot more than wasted money. Instead, they can lead to serious injuries, most of which are foreseeable. These injuries often come as a result of defects in design, manufacturing, distribution, or happen due to a lack of warning labels or instructions that could have prevented the injury. Whether it’s a cleaning product or an automobile part, improperly designed or marked products can have devastating effects on consumers.

    Designers, manufacturers and distributors all have a duty of care to consumers. All three must work to ensure workers and consumers alike are protected from injury by the product’s use. On the other hand, a consumer using a product outside of its intended use may not fall under their liability. For instance, if the directions on a knife say to cut away from the body and someone hurts themselves by not following the specific instructions, it falls on the victim.

    Not all defective products come out of malice or negligence. In some cases, major issues are discovered only after it has been used by consumers. However, even when the damage is apparent, it is still up to the consumer to prove the defective product led to injury.

    What Needs to be Proven

    In one of these cases, it should be as simple as showing the product was defective and that you were injured. However, the law is more nuanced than that. Instead, the following must be shown:

    • There was an injury or losses suffered.
    • The product was definitely defective.
    • The defect in the product is what led to the injury.
    • The product was being used as intended and instructed.

    Proving an Injury or Loss

    This is one of the easier parts of such a case. While a product might be defective or dangerous, there is no liability in the case if the person was nearly injured. To prove the injury, having medical documentation of the actual injury is important. While a product may have nearly injured you, this is not enough to make a claim.

    Defective Product

    Depending on the product and the type of claim, this can be easy or difficult to prove. The product must be shown to be defective in some way. For instance, if it is a toy and a piece that should not have broken off did break off, it must be shown as evidence that the part broke off.

    Cause of Injury

    Someone could have a defective product and be injured without the defective product injuring them. It must be specifically demonstrated that the product caused the injury. Using the example above, if a child choked on that small part, it is easy to prove that the defect in the toy is to blame as the child would have otherwise not choked.

    Proper Use

    The product must have been used as intended for the case to be successful. Sticking with the same example, a child simply playing with that toy should not have led to the part snapping off. However, if the toy was under a vice grip or was thrown against the wall, the product is not necessarily defective as it was not used as instructed.

    Need help on a defective product claim? Contact us today to have our seasoned staff look over your case.

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