What is a Defective Product?
A defective product is any product that is not safe for its intended use. This can include everything from a toy with small parts that pose a choking hazard to a car with faulty brakes. If a product is defective, it can cause serious injuries or even death.
Who is Responsible for a Defective Product?
If you have been injured by a defective product, you may be able to file a claim against certain parties. These may include:
- The Manufacturer.
- Part Supplier.
Manufacturers can be held liable for damages caused by a defective product if it is found that there was a flaw in the product’s design or manufacturing process. Similarly, a supplier of parts can be held responsible if they supplied a faulty component to the overall product.
- The Distributor.
- The Retailer.
Sellers of the defective product can be held responsible for a defective product even though they had no part in the design or manufacturing process. This is because they are still advertising and selling the product under the assumption that it is safe to use.
Once you have identified the liable parties, you can begin to gather evidence to start the process of filing your claim.
How Can I File a Claim for a Defective Product?
There are three main types of products liability claims:
- Design Defects – Design defects occur when there is a problem with the product’s design. For example, if a toy has small parts that pose a choking hazard, this would be considered a design defect.
- Manufacturing Defects – Manufacturing defects occur when there is a problem with how the product was made. For example, if a car has faulty brakes, this would be considered a manufacturing defect.
- Marketing Defects – Marketing defects occur when there is a problem with how the product was marketed. For example, if a particular medicine is advertised as “safe for all ages” but has harmful side effects, this would be considered a marketing defect.
What Evidence Do I Need to Prove My Case?
Certain types of evidence can help prove your case if you are pursuing a products liability claim. This includes proof of the defective product itself and evidence of any injuries or damages you have suffered as a result of using the product.
- Evidence of Defect – To prove that a product is defective, you will need to show that it did not meet the reasonable expectations of safety for consumers. This can be done by presenting expert testimony or other scientific evidence about the product’s design or manufacturing defects.
- Evidence of Injury – In addition to evidence of the defective product, you will need to provide evidence of your injuries or damages. This may include medical records, bills, and other documentation of the harm you have suffered. You will also need to show how the defective product has affected your life, such as by causing you to miss work or experience pain and suffering.
How Can a Lawyer Help Me With My Case?
An experienced products liability attorney will be able to help you prove your case by gathering the necessary evidence and expert testimony. They will also be able to negotiate with the manufacturer on your behalf to get you the compensation you deserve. If a defective product has injured you, don’t hesitate to contact an experienced attorney today.
products liability Attorneys in Minneapolis
products liability cases can be complex, so it is essential to have an experienced attorney on your side. The attorneys at Goldenberg Lauricella, PLLC have successfully represented clients in many products liability cases, including defective medical devices, automotive products, and consumer products. We have the knowledge and resources to investigate your case and collect the evidence you need to support your claim.
If you were injured due to a defective product, call us today at (800) 504-0281 or fill out our form online for a free consultation.