Manufacturers and distributors of defective products may be held legally liable to pay for damages if their product causes injury to a consumer or worker. The Product Liability Attorneys at Miller Weisbrod have a proven record of success in obtaining substantial insurance settlements and jury awards for victims of defective products for the home or workplace.
Regardless of whether strict liability, or negligence, a consumer usually will need to prove that one or more of three types of defects existed. These are manufacturing defects, design defects, and marketing defects, also known as failures to warn.
In addition to proving the existence of the defect, the consumer will need to show that the defect caused their injury. This means that they would not have been injured if the defect had not been present.
Manufacturing DefectsOccurs when there was a problem with how a specific item was made. A manufacturing defect might arise from an error on the assembly line at the factory, which makes a certain product different from all of the others in its line.
Design Defects
The people and entities that made the blueprint or specifications for the product may be responsible for failing to take foreseeable risks into account.
Marketing Defects (Failures to Warn)
If a manufacturer fails to provide appropriate instructions on how to use a product, or fails to warn consumers about its inherent risks, this may give rise to a product liability claim based on a marketing defect.
Breach of Warranty
If a product comes with a written warranty, and it fails to live up to the terms of the warranty, a victim might be able to bring a claim based on a breach of express warranty. You might find a warranty on labeling or packaging, in the advertising for a product, or in a manual that comes with a product.
Our Product Liability Lawyers have the proven legal skill and experience to handle the complex evidentiary issues involved in a wide range of defective product liability litigation, including:
- Explosions caused by faulty air compressors
- Exploding E-Cigarette and other Vaping Devices
- Exploding Cell Phones
- Accidental death caused by defective elevator doors and lift mechanisms
- Injuries caused by defective household products like power tools and ovens
- Serious injury or wrongful death caused by products for infants and children
If you were injured or a loved one died due to a defective consumer or industrial product, we encourage you to call our offices today at 214.987.0005 or toll free at 888.987.0005.
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