What Is A Product Liability Defect Case?
An injury that is caused by a product that a person buys or uses, if the product was used in the way that it was intended or anticipated to be used, may be subject to a product liability case. An insurance injury claim and demand for money settlement may be brought against the manufacturer, the seller, or even the supplier of the injury causing product. There are limitations to holding someone responsible for injuries. For example, the seller (to be legally held responsible) must be in the normal business of selling the product that caused the harm and the injury causing product must have reached the user or purchaser in the same condition it was when it was sold or delivered by the seller.
This area of the law is called product liability law and is strictly for injury and death cases. In this area of strict liability, there is no need to show negligence if the product meets the product liability’s definition. In these types of product defect and product injury cases, it is the injured person and the injured person’s attorney’s job to prove that the product was unreasonably dangerous and that the harm was not reasonable when he or she used the product for the purposes that it was intended. The injuries from defective and dangerous products can be catastrophic and deadly. Product injuries do not have to happen from a one time use, but can also result from repeated exposure to harmful substances or chemicals used to make or manufacture, preserve or ship the product. Products coming to mind that may be examples are asbestos, lead in pain, tabacco, and silicon breast implants.
How Can I Prove That A Product Caused Me Injury Was Defective?
Product defects may be found in the design of the product, which is unreasonably dangerous and faulty. Often design defects may be evaluated by an engineer expereinced in the product at issue. The marketing or advertising of the product may result in the product being defective and unreasonbly dangerous. This type of case may result from advertising that implies a use that the product cannot handle or that make the use of the product unreasonably dangerous. Additionally, faulty warnings of known or expected dangers may result in a claim for injury or death. Sometimes, the design was proper but the actual manufacturing process of the specific product was defective. There are many aspects in which a product can be considered defective and unreasonably dangerous.
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