What is Product Liability?

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Product liability refers to holding those all along the manufacturing chain accountable for products. This includes everyone from the manufacturer themselves to the wholesaler, to the store owner, and more.

Suppose an individual was injured due to their use of a particular product, and it can be proven that the product was defective and therefore caused the injury. In that case, they can be eligible for a product liability case.

Are All Product Liability Cases the Same?

Briefly discussed below, product liability can be broken down into three main categories.

Design defects are the first category and can be defined as inherent errors in the product’s design. The product itself may have been manufactured to standards, but the design was flawed and caused an injury.

An example of a design defect can be a pressure cooker that a reasonable person was operating and burned himself because it was not built into the design to have an automatic shut-off when the lid was raised and the individual burned himself.

Manufacturing defects cover the process during the initial creation of the product. If a product was manufactured defectively and led to an injury, the individual may be eligible for damages.

Examples include a product with an auto shut-off mechanism when you raise a lid or move a part of the machine. If the shut-off mechanism failed and the person injured their arm or hand due to the device failing to shut off, this can be a manufacturer error.

Defects in marketing are the third category. This includes the manufacturer’s duty to provide adequate warning signs for safety hazards or instructions on how to use the product. If it can be proven that inadequate safety instructions led to a reasonable person injuring themselves with the inadequately labeled product, they may be entitled to compensation.

An example of defects in marketing can be medicine that can cause issues if taken along with other medications. If an individual became incredibly sick because they weren’t aware taking medicine alongside another substance could create a problem, this might be considered defective marketing.

What Should I Do if I Feel Like I Have a Product Liability Claim?

Seek medical attention and discuss any concerns with a physician. Just because an injury isn’t apparent from the beginning doesn’t mean there aren’t underlying issues that could arise.

Document your symptoms thoroughly so that you don’t have to look back and try to recall what changes have occurred since the injury. Gather all documentation such as medical records, pictures of injuries, a personal account of what happened, and more.

Should I Consult An Attorney?

Product liability cases can quickly become complex. There are several “built-in” defenses that companies have come up with in the past to avoid compensating victims for their injuries. An experienced injury attorney will have invaluable insight into what steps to take based on your specific situation. Contact our office at (608) 448-6242 to learn more about how we can best assist you.

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