Have you or a loved one been injured by a defective product?
If so, Stern Law can assist you in obtaining the money you deserve for the lost wages, medical expenses and scarring or disfigurement the accident has caused.
Product liability cases arise when a manufacturer places a dangerous and defective product on the market causing injury or death. Everyday consumers use a variety of products, such as automobiles, electronics, furniture and medications and do not think of the harmful effects that those products may have on them. If companies produce dangerous or faulty products, they can cause serious bodily injury or even death to innocent victims. A product manufacturer assumes responsibility regarding the consumer. Some of the most common product liability cases arise from workplace injury, construction injury, auto defects and dangerous and defective drugs.
Workplace injuries may occur due to industrial machinery that breaks apart, malfunctions, operates with safety guards off or catches fingers or clothing. Construction injuries can result from defective power tools, collapsing ladder or scaffolding.
Auto defects can arise from tire blowouts, roof supports that fail in a rollover, seat belt defects or defective air bags. As a consumer you have the right to expect that a manufacturer will produce a safe product built with the highest quality materials available. A manufacturer is expected to build products that function properly and effectively without defects. When manufacturers build defective products the public has the right to recover from the manufacturer for injuries caused by such defective products.
Cases involving faulty or defective products usually involve complicated issues surrounding the products manufacturing process, warning labels or design. These issues need to be investigated by a skilled, experienced lawyer who knows what experts to hire.
A manufacturer of a product must use reasonable care in the design, manufacturing, testing and inspection of the product to make sure it is safe for the public. Indeed, the manufacturer has a duty to warn the consuming public if the product is for any reason not safe for its reasonable use. If a manufacturer uses a part or material from another supplier for a product, the manufacturer has a duty to make reasonable inspections and any tests of the material to make sure it is safe for the consuming public. The component maker of a part of a product has the same duty as the manufacturer to make sure its component is reasonably safe for the consuming public. Sellers of products manufactured by others and who represent they manufacture a product also have the same duty as a manufacturer. A retailer or wholesaler, on the other hand, is liable only if they knew or by reasonable care should have known about a defective product. If the retailer sells a product in its original container without any changes made thereto, the manufacturer may remain liable but the retailer may escape liability depending on circumstances. A supplier of a product, whether or not the supplier manufactures the product, has a duty to warn the public of danger if the supplier knows or should know of the danger.
There is also a reciprocal duty of the user of a product to use it in a reasonably safe manner. This includes paying attention to warnings and not using the product without regard to any dangerous conditions.
The sale of a product may include either express or implied warranties. Breach of a warranty can be a cause for a civil action in court. If a seller makes any statement of fact about the product sold it may become an express warranty. No particular words are necessary to create a possible express warranty. An implied warranty essentially means that a product must be fit for the ordinary purpose for which the specific product is used. Any seller who breaches an implied warranty might be liable for damages to some person injured as a result thereof. There is also a warranty in the law that indicates when a seller knows or has reason to know that the product will be used for a particular purpose and the buyer relies on the seller’s expertise when purchasing the product, there could possibly be a claim for breach of an implied warranty of fitness for a particular purpose. There are notice requirements that must be followed in order to pursue a breach of warranty action. Moreover, there are several defenses to a breach of warranty claim which include, among other possible defenses improper use of the product, use after a defect has been discovered, substantial change of the product after delivery resulting in a defect.
In addition to breach of warranty actions, there is also a theory in the law that might create strict liability for defective and unreasonably dangerous products. This is a complicated area of the law. An experienced personal injury lawyer familiar with products liability law can help you pursue this type of claim. To prevail on a strict liability theory it may not be necessary to prove any specific act of negligence because the focus of this claim is on the product itself rather than the seller or manufacturer. The plaintiff in this type of claim must prove the product was in a defective condition when it left the possession of the seller, it was unreasonably dangerous, the defect was the cause of the injuries and the product reached the user without substantial change. A design defect would be an example of this claim. Adequate warnings become important in these cases.
Product liability cases are very complicated and involve expert witnesses for both the liability and damage aspect of the case. Accordingly, not every case involving a product liability claim has enough value to pursue in litigation. The experienced products liability personal injury attorney will be able to advise you whether your claim can be successful and whether it makes economic sense to pursue.
If you or a loved one want to speak directly to an experienced attorney, Stern Law is available to discuss your legal needs.
To schedule a free consultation, call Stern Law at 856-685-7600 or use the contact form on this website. Stern Law is available for home and hospital visits.