Each year in America, thousands of unsuspecting consumers are injured or killed by defective products, including defective medical devices. A legal obligation exists that the device manufacturers and distributors ensure the products are designed and built in a way that is safe to use, and in certain scenarios, provide sufficient warning that a product may pose a danger when used in ordinary ways.
A defective products lawyer could help victims pursue the justice they deserve and the compensation they need in the wake of their injuries. An attorney could gather evidence of how the injury occurred, discover design specifications or manufacturing work orders, and examine product packaging language to start building your case.
Everybody uses consumer products everyday and all day, from the time you wake up in the morning to until you go to bed at night. Consequently, any person is vulnerable to injuries that may result from product malfunction.
The core of any defective product claim is a physical injury requiring medical attention. It is not uncommon for a malfunctioning product to cause severe cuts, burns, or electrical shocks as the consequence of direct failures. These injuries generally lead to economic and non-economic damages.
Economic damages include easily calculated losses such as medical bills, property damage, and loss of wages or future earning capacity. Non-economic damages are for intangible costs such as pain, suffering, and loss of companionship. A lawyer may be able to calculate the value of damages in each particular defective products case.
However, injured parties should be aware that a product manufacturer may argue that the injured party is at least partially responsible for their own injuries if they misused the product in a way that was not intended or predictable. Under local statutes, this could severely limit or even negate a compensation recoverable by a plaintiff. A defective products lawyer could analyze damages and pursue the amount of compensation deserved.
It is not enough that a product caused injury, there must also have been negligence at some point of the product cycle that caused that harm. State law provides three methods whereby a plaintiff can prove maker fault following an injury.
The first is the defective design method. Here, a plaintiff must show that the maker’s specifications for the item were inherently flawed. The product must be proven as inherently dangerous.
The second type of claim is to prove a manufacturing defect. These claims allege that an error occurred during production, failing to live up to design specifications. Here, it is often necessary to analyze the product’s final form and compare it with the maker’s design documents.
One last route for proving negligence is to demonstrate that the instructions given were inadequate to guarantee safe operation. This includes instructions on how to properly use any product as well as warnings about potential hazards. Evidence in these claims often includes the packaging for the product and advertising materials.
A dangerous products lawyer could identify where in the product cycle the negligence occurred that caused your injury.
Every year, thousands of people suffer personal injuries as the result of using defective products, including defective medical devices. These injuries can impact your physical wellbeing, finances, and emotional health. The manufacturers and distributors of these products may be responsible to provide compensation following certain injuries.
A defective products attorney could help you prove your claims and pursue the compensation necessary to make you whole again. Contact a defective products attorney today to discuss your case.