Defective Product Liability Lawyer

Just about everyone knows how disappointing it is to buy something brand new only to find out it doesn’t work as it should. But while this is certainly a bad situation, there’s nothing worse than actually being injured because of a defective product. If this has happened to you, did you know that your rights as a consumer may very well have been violated? That’s right– companies and manufacturers are required by law to create and distribute only safe products to the public. If you were injured as a result of a product not working as it should or at least not as it was advertised, then you may have a legitimate claim for compensation. This is especially true if you incurred any medical bills, lost wages, ongoing pain (emotional and / or physical) or any other expenses as a result. But before you go directly seeking compensation, it is important that you understand the following:

Defective Products = Strict Liability

While it may be unpleasant to think about, the truth is that someone is responsible when a product malfunctions, breaks too easily or is defective in some other way. And when a person is injured as a result of a company, manufacturer or individual’s carelessness in designing, making or selling the defective item, those responsible may be responsible under a legal standard of strict liability. When it comes to product liability cases the law holds manufacturers and distributors of defective products to a higher standard.  After all, it is bad policy to allow defective products to enter the marketplace.  This is the reason the law imposes a strict liability standard on product liability cases.

Types of Defective Products

Just about any product can be defective, but some of the more common ones (at least those that can more easily result in serious injuries) include the following:

  • Auto Parts / Auto Design

    Defective safety systems or parts can lead to serious crashes, as can poor vehicular design in general. Defective tires also fall into this area.

  • Boats and Other Watercrafts

    Just as with autos, the injuries and suffering that can occur as a result of defective boats and related products can be devastating.

  • Child Safety Seats

    Everyone wants their children to be safe, which is why they get them car seats and other safety seats. Even overall minor incidents can cause serious, irreversible injuries if the child’s seat is defective.

  • Industrial Machinery / Workplace Equipment

    Workers are expected to be properly trained in operating equipment safely, but if the machinery / tools themselves are defective, the results can be devastating to both the workers and the business as a whole.

  • Medical Devices / Equipment

    Going along with the above, both medical staff and patients must put a lot of trust into the devices that are used. Defective ones can cause serious injury or even death. The same goes for pharmaceuticals.

  • Poor Labeling / Instructions

    Some products are dangerous simply if they are not used properly. But if clear warnings and instructions are not given, how are consumers expected to stay safe?

  • Sporting Equipment

    Sporting activities often come with plenty of products just for safety (like helmets and pads), but if these fail, the individual using them is at serious risk.

  • Toys

    Toys are supposed to be fun, plain and simple. Defective toys mean that federal laws and regulations were violated, and it is important that you seek compensation.

Unsure if your product “counts”? Keep reading.

Getting the Right Kind of Legal Help

Now, it’s possible that you may have been harmed by a defective product but are unsure of whether or not you can actually file a claim. But this is why it is imperative that you consult with an expert.  And not just any attorney can handle this type of case. Instead, it is important that you seek out the help of an experienced defective product liability lawyer. He or she will hear out the details of your situation and determine whether or not you have a case. After this, your attorney will help you determine the best course of action to getting you the compensation you deserve and more importantly, justice for the injuries you have sustained.

David J. Klink, Attorney at Law

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