Manufacturers have a responsibility to ensure their products will not cause harm. Many companies, such as our local manufacturer ADCO International Plastics here in Marietta, take this responsibility seriously and have quality control policies in place that are certified ISO 9001. This ensures that the products they produce will function properly and are safe for use. Unfortunately, the pressure to maintain profits can cause other manufacturers to overlook reasonable safety precautions. The lawyers at Kaufman Law, P.C. are here to help those injured by a defective product.
Injuries Result from Defective Products
The first step in proving your product liability case is to show you were injured or suffered some loss due to the defective product. Your attorney will collect medical reports and statements from your doctors detailing your injury. If necessary, we will seek depositions from your doctor, and even enlist expert medical testimony to show that your injury was the result of the product you were using.
The Product Is Defective
The next step in proving your case is to show that the product that injured you was defective. In some cases, there may be a defect in manufacturing. For example, if a medication is contaminated in the process of manufacture, the manufacturer may be liable for this defect.
A product may also have a defective design. If a car’s brakes fail during cold weather, they may have been manufactured exactly as designed, but the design was flawed. You are entitled to be compensated if a flawed design results in an injury.
In other cases, the manufacturer is aware of circumstances that may cause the product to fail or result in an injury yet fails to warn the user of the potential danger.
You Were Using the Product as Directed
The next major point that must be proven is that you used the product as intended by the manufacturer. This is not restricted to the exact use the manufacturer advertises the product for, but any reasonable use you can make of the product. For example, using a television stand to hold family photographs is not the exact purpose intended by the manufacturer, but if the stand were to break and cause an injury under the negligible weight of a few photos, you would still be eligible to seek compensation.
Other Circumstances That May Result in a Product Liability Claim
You don’t need to be the owner of the product that injured you to make a product liability claim. If you borrow a friend’s lawnmower and are injured due to a defect in the mower, you may still have a case against the manufacturer. In fact, you do not even need to be using the product to pursue a product liability claim. If you were walking down the sidewalk when your friend’s lawnmower broke, causing an injury to you, you may still seek compensation for your injuries.
If you have been injured by a product, the attorneys of Kaufman Law, P.C. can help you understand your options in the case, and the compensation to which you may be entitled.