Understanding the Legal Remedies for Dealing with Defective Products
Whether you buy a vehicle, a toy, a child’s car seat, or a household product, or you require a medical device, you have basic rights as a consumer to assume you will be safe while using those products. If you or a loved one have been injured by defective products because of someone else’s negligence, such as the manufacturer or retailer, Longview, TX, attorneys Randy Akin and Greg Burton can help you fight for compensation. Call (903) 297-8929 or schedule a free consultation online to get started.
Defective wiring is just one example of a potentially dangerous product.
What Is a Defective Product Lawsuit?
Defective product lawsuits protect consumers when they have purchased a product with significant flaws that result in loss or harm. These defects may include manufacturing errors (e.g., a tainted batch of cough syrup or saline solution) or design flaws (a particular model of vehicle that tends to flip, airbags that do not deploy, or seat belts that do not latch properly).
If you or a loved one have been injured by defective products because of someone else’s negligence, we can help you fight for fair compensation.
In other cases, consumers may find out a product they purchased lacked the proper safety warning labels, or the warning labels that were used did not properly address risks for consumers. Our attorneys can help you determine if your concerns meet the criteria for a defective product lawsuit.
Different Types of Liability
There are generally three different types of liability in a defective products case:
Negligence
The person making the claim of negligence must show that there was an irresponsible action in manufacturing the product and that the manufacturer should have shown a higher level of commitment to the safety of consumers. Negligence can be claimed for the faulty design of a product, using machinery that produced an unsafe product, a lack of inspection for safety, or rushing a product into the marketplace before it could be properly deemed safe for public consumption.
Strict Liability
In this instance, the person who is harmed by a product must prove that a defect in the product caused his or her injury. To meet this standard, strict liability applies to products that were purchased in the “chain of distribution” (from the manufacturer or a retailer) rather than buying the product from a secondary source (e.g., buying a used lawnmower from a neighbor).
Warranty of Fitness
Warranties are made up of two types: Expressed warranties and implied warranties. An expressed warranty includes any written or verbal claims made about a product that infer it is safe to use. An implied warranty is an assurance from the maker or any other answerable party that if the product is used the way it is intended to be, it will not cause harm.
How to Prove Liability
Mr. Akin and Mr. Burton can help you begin the process of proving your case. Be certain to keep the product exactly as it was at the time the injury occurred. Our team can help determine the parties responsible for manufacturing, designing, or marketing a defective product. We will work closely with you, listen to your concerns, and help you take these important first steps in proving your case.
Schedule a Free Consultation
When you travel into uncharted territory, you need directions so you will know which roads to take. The same principle applies as you consider how to prove your case. If you are facing injury or loss related to a defective product, you need a dedicated attorney to guide you and stand by your side. Contact the law office of Randy Akin online today or call (903) 297-8929 to learn more.
