Examples of Injury by Defective Products
If you’ve suffered injury from a defective product, it may be beneficial for you to consult with a personal injury lawyer. We all know how expensive medical bills can be, and if you can prove that the injury was in some way caused by defective products, you may be eligible to pursue litigation.
However, it’s important to first know what to look out for when dealing with defective product cases. There are three main types of product defects that can be found as the cause for injury:
– Design defects: Flaws in the design of the product that were either not determined prior to the product’s creation, or were ignored.
– Manufacturing errors: When mistakes were made during the procedure of creating the product, but were never rectified
– False advertising: When the seller of a product has not provided sufficient instructions or warnings for the product, or has provided misleading information that has lead to misuse of the product.
In the case of such an incident, there are several parties who could be held responsible for your injury caused by the defective product – the designer, the manufacturer, the wholesaler, the retailer or even the advertiser – essentially, anyone who had a responsibility to ensure the quality of the product could be found guilty by your claim.
Below are some examples of defective products resulting in personal injury lawsuits.
Injury by Design Defects:
One of the most commonly known examples of a design defect involves Asbestos, the harmful substance found in many building materials. Many of the builders or users of this product were exposed to this poison, resulting in severe sickness and damages to health later in life. Countless personal injury lawsuits have been filed against the designers and manufacturers of the building material, with many cases successfully awarding the victims and their families compensation for their life-long medical bills.
Injury by Manufacturing Errors:
An injury due to a manufacturing error can be easy to prove, so long as you can also prove that you were using the product as intended. For example, if you are involved in an accident with a brand new car because the brakes didn’t function properly, you may be eligible to make a claim against the car manufacturer. However, if you are found to not have been using the car as intended, i.e. speeding, under the influence, using your phone or not having your car checked regularly – your claim may be harder to prove.
Injury by False Advertising:
Pharmaceutical products are a common example of false advertising cases. All drug manufacturers are required to stick to strict regulations imposed by the Food and Drugs Administration (FDA), in terms of the promotion, fabrication and sale of their product. However, there is one exception to this rule – if the drug is later found to produce side effects previously not mentioned, the manufacturer must alert all consumers and doctors. If they fail to do so, this could be considered as false advertising in a personal injury case, should someone suffer injury or sickness from consuming the drug.
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