Defective and Injurious Products
Every so often, a product makes its way out of the warehouse with a defect. Sometimes, the defect occurs when the product is manufactured or assembled. Alternatively, the defect may arise from some flaw in the product’s design that makes the product unsafe. Although some defects may be benign, often, a defect may cause serious physical harm to a consumer, even if the consumer uses the product in a reasonable manner. If you have been harmed through use of a product, you may be entitled to monetary compensation from the manufacturer, supplier, or distributor of the product. There are three types of product defects:
- Manufacturing defects: This type of defect typically occurs on the assembly line, either because the product is improperly built or because it is comprised of subpar materials. An example of a manufacturing defect is where the factory neglects to include a valve cover in a car engine before shipping the vehicle to the dealership.
- Design defects: This type of defect occurs where the product’s design is inherently unsafe. An example might be water heater that overheats and explodes due to a defectively designed safety relief valve.
- Failure to warn: This type of defect occurs where a product injures the user, and the manufacturer or supplier failed to warn consumers of the risk of injury associated with use of the product. One example of a failure to warn is where a drug company fails to warn patients that a pill marketed for the treatment of hypertension causes intestinal bleeding.
Unlike in some other types of lawsuits, in a product liability action, the claimant need not prove that the manufacturer or supplier was negligent (although the claimant may be able to allege negligence as an additional cause of action). Rather, the manufacturer or distributor is strictly liable for any injuries caused by a defective product or failure to warn. Moreover, the manufacturer isn’t necessarily the only responsible party in a product liability action.
The injured party can sue anyone in the chain of distribution, including the manufacturer, the supplier, or any other middlemen involved in the sale or distribution of the product. This means that if you’re injured from use of a defective product, you may be able to sue multiple parties for compensation. The monetary damages that are recoverable in a product liability action can be quite extensive. You may be entitled to compensation for your physical injuries, lost wages if your injuries forced you to take time off of work, medical expenses, pain and suffering, and more. You may also be entitled to punitive damages—i.e., money awarded to a plaintiff to punish the defendant, separate and apart from compensatory damages, which are awarded to compensate the plaintiff for his or her physical injuries or emotional distress.
The product liability attorneys at Torero Law stand ready to zealously litigate your product liability case. If you have suffered any kind of injury through use of a product, we will immediately seek compensation for you. Contact us for a free evaluation.
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