Everything You Should Know About Defective Product Personal Injuries

If you use a tool or chemical incorrectly, you often know you are taking on a potential risk of injury. However, in some cases, even if you use the product correctly, this can lead to disastrous consequences. This often happens when the product is defective, and you can take legal action to seek reimbursement for medical bills, lost wages, or future lost income. If you would like to know more, keep reading.

1. What Is a Defective Product?

When a company produces a product, they have a duty of care to ensure it is not defective because this can lead to injury. They must also ensure it is safe to use when used correctly. Defective products can cause potential harm to consumers even when they use the product correctly, according to the instructions.

Of course, some products are generally dangerous by design, such as certain chemicals. In this case, as long as the product and packaging are appropriate, it’s not a defective product. If the packaging is weak and starts to leak, however, this could constitute a defective product lawsuit.

There are a few instances in which you can negatively impact your defective product case. First, if you knew about the defect but decided to use it anyway, your settlement may be smaller since you are partially responsible for taking on a known risk. Similarly, if you use the product incorrectly and that leads to an injury, you may not qualify for a settlement.

2. What Are the Types of Defective Product Lawsuits?

Three different types of defective product liability lawsuits exist: design defect, manufacturing defect, and marketing defect. If a product has a design defect, the entire line is usually affected. Something in the base design is problematic, so all the items should be pulled because they all have a potential to cause harm.

Products are created in batches, so even if the design is perfect, one batch may be different than the next. This happens for many reasons and can lead to minor or major problems. This is known as a manufacturing defect because the issue arrived during manufacturing.

For example, contaminants may have gotten into a batch of bread dough, leading to a potential health risk. The company will likely recall that batch of products, but the rest of the products are still safe.

Finally, a product can be defective because of a marketing defect. The term marketing defect makes it sound less serious, but marketing defect lawsuits typically involve the instructions or warnings. If a product gives you incorrect instructions on how to use the product, this can lead to an injury that is not your fault.

3. Who Can You Sue for Injuries?

If you received an injury from a defective product, you can sue, but a lot of people are involved in distributing products. The company that manufactured the item is often responsible, but the responsibility doesn’t stop there. If a different manufacturer built the defective parts and then used them in the product, you can sue that manufacturer too.

You can also sue the retailer who sold the defective product and anyone else who helped distribute the product. It doesn’t matter if you purchased the item or used it at the time of your injury. If the defective product hurts you, you can sue.

Defective products can lead to serious injury, and you shouldn’t be responsible for those medical bills. Before you can start taking legal action, however, gather all relevant information and contact an attorney in your area. If you would like to know more about product liability, or if you want to schedule a consultation for a case, contact us at Bradley, Drendel & Jeanney today.