Injury as a result of a malfunctioning or dangerous product typically entitles the injured to seek out some form of compensation from whoever is responsible. In many cases, it is the manufacturer, whoever shipped it, or the retailer that is responsible, but as we’re about to discuss, product liability law is not always as simple as it seems on paper. If you think you have a case and are ready for the help of a defective product attorney or products liability law firm, we’d be happy to help at The Law Offices of John C. Manoog Ⅲ.
Who Is At FaultHistorically, a contractual relationship known as privity of law must exist between the involved parties in order for the injured to collect. However, most states no longer require privity of law, so anybody involved in the product’s chain of distribution can be held accountable, and anybody injured by the defective product can recover, not just the injured person who bought or sourced the product. Liability could rest with any of these potential contributors.
- Product manufacturer
- Manufacturer of component parts
- Assembly or Installer
As you can see, who is at fault in your case may not be as simple as who you bought it from. The party responsible for your injury may be further down the line, and just because somebody sold you the product does not automatically make them liable. If you need help determining liability for your injuries at the hands of a defective product, we have a dedicated defective product attorney prepared to help you get to the bottom of it.
Types Of ClaimsThe type of claim you make is ultimately based on why you feel the product is defective, and whether or not your injuries were sustained as a result of such a defect. These are the three categories of product liability claims, and what’s different about each one?
- Defectively Manufactured Products – This is perhaps the most obvious and simplest type of claim. It’s as simple as the name, meaning there was a mistake made in the construction of the product, and as a result, the product is so different from the rest of its kind being sold that it is capable of causing harm.
- Defectively Designed Products – This can be more difficult to prove as you must prove that the product is inherently dangerous based on design alone. You are essentially claiming that this product’s entire line is dangerous, regardless of the fact that it was made according to the manufacturer’s specifications.
- Failure To Provide Adequate Warning Or Instructions – The third and final type of claim involves a failure to inform users of the risks associated with a product and how to properly use it. In this scenario, you must prove that the product is dangerous in a way that is not obvious or requires the user to exercise additional precautions that are not listed when using it.
The Law Offices Of John C. Manoog Ⅲ | What You Should Know Before Contacting A Products Liability Law FirmInjuries caused by malfunctioning and dangerous products happen every day, and as you may have learned, they come in all shapes and sizes. If you think you have a case and need the help of a products liability law firm or defective product attorney, give us a call or visit our website today.