When defective products harm people, it seems like an obvious move to go after the company that manufactured the product. However, they may not be the only party that should be held liable for the damage caused by a product. Sometimes retailers need to be held accountable as well. A Monmouth County product liability lawyer from our firm can take a closer look at your case and let you know who should be sued for damages.
What Kinds of Product Defects Can Cause Harm?
Cases concerning defective products normally come in one of three varieties. The product could be defective due to a design defect. This means that, from the beginning, this product was likely to be unsafe thanks to its design. Good examples include a piece of clothing that is made with flammable materials or a safety guard on a power tool that cannot actually protect users.
When there is a manufacturing defect, this means that the design is fine but the way the product was made caused the safety hazard. Maybe circuitry and wires were improperly installed. Perhaps the wrong types of materials were used when a manufacturer wanted to go the cheap route. If these mistakes cause a dangerous defect, the manufacturer needs to be held accountable.
Then there is a failure to warn. If a product has side effects or dangers associated with it, a manufacturer has to tell you. If you were not warned about a potential hazard and you get hurt, you should sue for damages.
What Do I Have to Prove in a Defective Products Case?
You need to prove a few things if you want to win compensation in a defective products case. You have to show that:
- The product has a defect
- You suffered injuries while using the product
- Your injuries and that defect are directly connected
When you can show all of these things, you can argue that the parties in charge of designing, assembling, and selling the product were irresponsible or negligent in some way.
How Can Retailers Defend Themselves in Defective Products Cases?
Retailers can try to defend themselves from these lawsuits in a few ways. In some cases, they will argue that whether or not the items sold were defective products did not matter because:
- You modified the product
- You were not using the product for its intended purposes
- Your own carelessness caused your injuries
- You were injured in another manner, and you just blamed the product later
Your lawyer can help you argue back and show that your injuries were caused by a product that this retailer sold.
Talk to Our Team Today
If you or a loved one have been harmed by defective products, you may have a lawsuit on your hands. Contact the Falcon Law Firm and schedule a free consultation. We would love to tell you more about your legal options and what a lawyer can do to be of assistance.