When a product causes an injury, it becomes a product liability case. Often, the injury is due to some defect in the product. In others, it simply results from a failure to adequately warn the user of certain dangers associated with the product. Its design might not adhere to certain industrial standards, or the manufacturing process itself might have been faulty.
Product liability cases often arise with motor vehicles, toys, car seats, prescription drugs, medical devices, machinery, household cleaning items, and many other types of products. Those who have suffered an injury as a result of defective products can make a claim to recover damages from the party at fault, whether that’s the designer, manufacturer, or seller. These cases are highly complex, so you need expert legal assistance to navigate the process successfully. Hart & David is here to help you do just that.
Injuries and Losses
Injuries from defective products could be directly caused by its defect, such as chemical burns from poorly packaged cleaning agents, or indirectly caused, such as if a component in a vehicle gives out and causes you to crash.
When seeking to recover damages, there are a number of factors to consider in determining the amount you can get. Expenses that can be covered by the settlement amount include the following:
- Medical expenses, including past and future expenses associated with treating your injury
- Pain and suffering, including emotional trauma
- Lost income from inability to work
- Lost quality of life, such as when injuries prevent you from performing normal daily activities
- Disability and disfigurement
- Punitive damages, which are usually reserved for cases in which a product defect was the result of reckless or intentional actions
Without legal help, you probably won’t get the full amount you deserve. An experienced personal injury attorney can assess your case and determine what your claim is worth, then fight for that amount. The attorneys at Hart & David have the experience, knowledge, and skill to get you what is owed to you.
Determining Who Is at Fault
Since numerous parties are involved in the development, production, and sale of a product, product liability cases get pretty complex. You need to determine who is ultimately at fault for the defect that caused your injury. The design process might have failed to recognize certain safety standards, making it a design defect. Or it might have occurred during manufacture, having been put together in a way that compromised its safe usability.
Liability could also occur when proper warning labels aren’t used or when instructions aren’t given. If these result in making usage of the product dangerous, they could mean the parties involved in packaging or marketing are at fault.
Determining liability and proving that a defect caused your injury requires thorough evidence, a strong understanding of industry standards and safety regulations, and expert testimonies. In addition, you need a lawyer who is going to give your case the attention it needs. Hart & David is here to expertly assess your case and develop a strategic plan to secure as much compensation as possible. For a free consultation, contact our product liability attorneys today.