A defective product is a product that causes an injury to a person due to defective manufacturing, design defects or faulty labeling. Product liability, the law that governs defective products, refers to the duty held by manufacturers, designers, distributors and retailers of any consumer product to ensure that the product does not harm a consumer.
What Are Some Common Product Defects?
There are several points along the chain of distribution in which a defect can occur. Some of the most common include:
- Design flaws: Design defects are present in a product from the very beginning. Defects of a products design mean that the product is inherently dangerous and all every item produced will be similarly defective.
- Manufacturing defects: Any abnormality in the manufacturing process can lead to a flaw in a product that can cause an injury. This does not mean the defect will be present in all products, just the one where the abnormality occurred.
- Marketing defects: If a product is improperly marketed or labeled, insufficient warnings or instructions can lead to injury.
In order to prove your defective product claim, you will need to be able to show that the product had an unreasonably dangerous flaw, that flaw caused an injury while you were using the product for its intended purpose and that the product was not changed substantially from the way it was originally sold.
What Compensation Can I Receive in a Products Liability Claim?
Following an injury due to a defective product, you can receive compensation for monetary losses and general damages, including:
- Medical expenses: This can include compensation for expenses incurred due to the injury as well as any necessary ongoing care.
- Disability: If your injury requires a change in lifestyle, such renovations to accommodate loss of mobility, you can receive compensation.
- Lost wages: If your injury impacted your ability to work.
- Property repair: If the product damaged your property, you can receive compensation for repair or replacement.
- Pain and suffering: If the injury caused you pain, mental anguish or loss of enjoyment of life.
Phoenix Product Liability Attorney
Witson Law offers free personal injury consultations to answer your questions about defective products and your product liability case, and to discuss your litigation options. During your initial consultation, we will take whatever time is necessary to listen to you and the facts of your defective product injury case at no charge to you. All our personal injury cases are taken on a contingency fee basis. You pay no out of pocket expenses and do not need to pay us unless we win your case. Schedule your free consultation with a Phoenix defective product lawyer now – (602) 358-8686 or fill out our contact form.