Defective Product Claims
A consumer is considered to have a reasonable expectation that the product that they purchase is safe for use. If you have been adversely affected by a defective product, Bertoldo Carter Smith & Cullen personal injury lawyers can help you understand your legal rights and ensure that you are compensated for your losses and suffering.
If you or a loved one has been adversely affected by a defective product, you may be entitled to compensation for your suffering and losses. Contact Bertoldo Carter Smith & Cullen today for a free evaluation of your case. Our Henderson and Las Vegas attorneys are qualified and experienced personal injury lawyers here to protect your legal interests.
Examples of products, which may be determined defective include:
- Drugs
- Medical Devices
- Auto Parts
- Construction Equipment
- Baby Products
- Vehicles
- and virtually any product that is not reasonably safe for its intended
General Info – Defective Product
A defective product is defined as any product whose risks outweigh its usefulness. For example, if a prescription drug causes serious side effects but the drug has a low rate of effectiveness, the medicine may be deemed a defective product.
A product may be defective for a number of reasons including a design defect, manufacturing defect, or marketing defect.
- Design Defect – a product is inherently flawed in design.
- Manufacturing Defect – substandard materials or labor goes into the production of a product.
- Marketing Defect – the manufacturer, seller, or distributor’s failure to warn the consumer of known risks associated with the product.
A defective product liability case can be brought against a number of people at any stage of the “production chain” including designer, maker, marketer, distributor, or seller. A product can be deemed a defective product if it falls under one of three types of liability.
3 Types of Defective Product Liability
The first ground for legal action involving a defective product is negligence. Under this argument, the injured party must show that the defendant’s negligence resulted in the product-related losses. Negligence may be proven by showing a breach of duty by the maker, who failed to ensure the reasonable safety of the product that caused the plaintiff’s injury.
The second type of liability, which constitutes grounds for a defective product case, is a breach of warranty. A breach of warranty primarily implies that there was a violation of promises made by the manufacturer to the consumer, which was expressed through the labeling or sales transaction. The product, in essence, does do not live up to the guarantees of the maker.
Third, strict liability is also grounds for a defective product case. Strict liability implies that the manufacturer of the product is responsible for damage or injury caused by the product, regardless of precautions taken to ensure safety and accurate warning information. This standard is based on the belief that the maker of a product should bear the burden of injuries caused by their product.
Product liability laws were designed with the intention of protecting consumers from defective products. A defective product can be responsible for serious personal injury and even wrongful death. The manufacturer of any consumer product, from prescription drugs, to automobiles, to kitchen appliances are considered liable for the safety of their products.
