As consumerism has grown in the modern era, people in the United States have become increasingly reliant on products, appliances, and vehicles made by third-party manufacturers. Product manufacturing is a constantly growing and evolving sector of the economy, creating new products to improve the quality of life of the consumer. However, this also comes with some hidden dangers. If the mistakes or design flaws of the products are significant enough, especially for products like cars or appliances that run on gas, they could lead to serious injury or worse.
Product liability lawsuits are a field of law designed to seek compensation for those injured by faulty products. Many steps in the design and manufacturing process require careful attention from the individuals in charge, and failure to ensure quality and safety could lead to many injuries for consumers. As such, negligence of a company or manufacturer may mean that injured consumers are entitled to compensation for their injuries and damages. Understanding the nuances of this field of law may help clarify what compensation is available.
An experienced Wilmington product liability attorney from Zavodnick & Lasky may be able to evaluate a product liability case. Call the office today at (215) 999-6742 to schedule a free initial consultation with an attorney and learn more about your legal rights.
What Is Product Liability?
Any form of legal liability is based on an individual’s neglect of a duty. For example, a reckless driver in a car accident had a duty to drive safely and protect others on the road, but neglected that duty, which led to damages in a car accident. The same principle applies to manufacturers and companies, according to Cornell Law School. Manufacturers have a duty to produce and sell safe products, and failure to properly assess the risks and inform customers may be considered negligence.
Generally, product liability can arise in three different forms. Defective or faulty products may fail on the customer and cause injury or property damage. This could arise from manufacturing flaws, such as cheap or improper materials used to construct the product or machinery failures. However, it could also come from design flaws, insufficient product testing, and other factors. Another area of product liability is the failure to inform customers of risks. Most products come with risks, whether they are mild or severe, and failure to inform the consumer of these risks could lead to injury and property damage.
Common Product Liability Cases We Handle
Product liability cases take many forms depending on the product, company, and type of injury. However, several categories of product liability cases are most common. Understanding how these cases function and how to construct a compelling case for each is one of the key skills that a product liability attorney can provide for their clients.
One of the more common forms of product liability involves car parts and vehicles. If an auto part is defective, it could lead to a car accident, which could be considered product liability in some circumstances. Industrial equipment and vehicles could also be a source of a product liability injury, particularly in construction and at worksites. Medical products can also be defective, such as faulty implants and surgical tools, or undisclosed side effects of prescription medications.
Product liability can also happen in the home. Faulty appliances or other technology could lead to electrical fires, burns, or worse. This type of liability is often common in baby products like cribs, strollers, or other products. As infant children may be incredibly sensitive and are generally unable to react to danger in a significant way, faulty products designed for babies can quickly lead to injury.
Who Is Liable for a Defective Product?
While liability in a situation like a car accident may be straightforward, product liability may not be so obvious. With many injuries from accidents, the liable parties are present for the accident itself. Product liability is often difficult to determine because it may require extensive research and evidence gathering to determine who is liable. Many products pass through multiple companies and manufacturing plants, and they may be built from component parts from other parties.
However, in many cases, the liability for the injury can be traced back to either a manufacturer, a retailer, or a third-party assembler. For defects in the material or design of the product, the original manufacturer may be to blame. Failure to test and ensure the safety of the product can often lead to malfunction and injury. However, a retailer or other reseller may be liable for the injury. If the package was mishandled or safety labels removed by a retailer, they may be held liable for the damages. However, third-party installers or assemblers are often employed for home appliances and other products. If the product is assembled or installed improperly, these parties may be liable instead.
What to Do After a Defective Product Injury
Del. Code Ann. 6 § 2501I, however, states several circumstances in which a manufacturer or seller is not liable for a defective product injury. After a defective product injury, many people make mistakes that damage the validity of their case. To help protect your right to compensation, one of the first and most important steps is to seek medical attention for injuries. A medical professional can not only help prevent further harm and treat existing injuries, but the addition of medical records of the injury can be key evidence in a product liability case. The injured party may also benefit from preserving the defective product and documenting the scene and their injuries. Contacting a product liability attorney before making a statement or contacting the manufacturing company may also help preserve the chance for compensation.
Contact a Wilmington Product Liability Lawyer Today
Defective products and malfunctions can range from mild and severe, and can cause both injuries and property damage. In addition, most individuals have hundreds of products they use and rely on every day. Poor manufacturing, improper information on the risks of the product, and faulty installation could easily lead to a defective product accident. For those who have been injured by a faulty product, coping with an injury and attempting to pursue compensation can feel overwhelming. A skilled Wilmington product liability attorney from Zavodnick & Lasky may be able to help with your case. Schedule a free consultation today by calling the office at (215) 999-6742.
