When you buy a product, you have the right to expect it to work as advertised and not pose any undue risks. Unfortunately, that is not always the case. In some instances, products are released onto the market before they have been thoroughly vetted, and as a result, they can cause serious injuries.
What is Product Liability?
Product liability is the legal area that deals with injuries caused by defective products. When a product is faulty and causes injury or illness, negligent parties like the manufacturers and sellers of that product can be held liable under product liability law.
There are three different types of product liability claims that can be brought against the liable parties: design defect, manufacturing defect, and failure to warn.
A design defect can occur when the product is designed in a way that makes it unreasonably dangerous. In order to succeed on this type of claim, the consumer must show that there was a safer alternative design available and that the manufacturer failed to use it.
A manufacturing defect is when a product does not meet the standards set forth by the manufacturer, even if it was made using the proper materials and methods. In some cases, plaintiffs may also be required to show that the manufacturer knew or should have known about the defect.
Failure to Warn
A failure to warn claim is based on the argument that the product's manufacturer or seller failed to provide adequate warnings about the risks associated with using the product. To succeed on a failure to warn claim, the plaintiff must show that the defendant knew or should have known about the risk, that the risk was serious and unreasonable, and that adequate warnings would have prevented the injury.
Receiving Compensation for Your Injuries
Gulf South Law Firm is dedicated to holding responsible parties accountable for injuries caused by defective products. We have experience litigating against major corporations, and we know how to build a strong case on behalf of our clients. If a defective product has injured you or a loved one, we can help.
If you have been injured due to a defective product, call our office today at (228) 231-3989 for a free consultation.