There’s no avoiding it: Dangerous or defective products injure thousands of people every year. Whether it’s an unsafe children’s toy coated with a toxic lead-based paint or a high-end electronic device that catches fire when plugged in, defective products can and do make it off the manufacturing lines and into our stores and homes.
There’s no way to prevent companies from making mistakes, and there’s no way to guarantee that every product you purchase will be 100% safe. However, there is recourse for you and your loved ones in the event that a defective product causes you some sort of trauma or harm. Here is what you need to know about defective products.
In its simplest form, product liability refers to the responsibility held by all companies working along the chain of manufacture and distribution (sales & marketing) for any given product. This includes the company that owns the factory, the people who designed the item, the people who were responsible for making sure it operated correctly, and of course it includes the company that sold the defective product or put it into the stream of commerce. If the item causes anyone any harm, every company along the manufacturing and distribution chain is liable.
The core component of any product liability case, as any product liability attorney or defective product attorney can tell you, is establishing the defect. Therefore, it is vital that you make every effort to save and preserve the defective or malfunctioning product that injured you. Without the product, it becomes difficult, if not impossible, to prove how you were injured by the defective product.
If you are injured by a defective product, there are three main avenues for establishing a company’s legal liability (financial responsibility to you):
- Proving that the design was defective
- Proving that the manufacturing process was defective
- Proving that the marketing was defective.
Design: The device was inherently defective or dangerous based on flaws in the design.
Manufacture: The device was designed correctly, but a few of the manufactured units are flawed.
Marketing: The device and manufacturing are fine, but the marketing materials are incorrect/ misleading or do not mention and fail to warn of potential dangers.
If you’ve recently dealt with an injury or other harm caused by a defective device, we want to know. As experienced product liability attorneys in Boca Raton Florida, we’ll work hard to help you understand your options and get you the compensation you deserve for the injuries and damages you have suffered.
We hope that this quick guide helps to better explain the core concepts of product liability and the chief areas into which a product liability attorney will be investigating.
To schedule a free consultation please visit www.eltlaw.com