The manufacturing and distribution system generally works without major flaws—until a defective product injures a consumer. In these cases, injured parties may not know where to turn to get the financial assistance they need to get back on their feet. Fortunately, an injury attorney is available to provide guidance.
If a faulty item injured you through no fault of your own, a Lawrenceville product liability lawyer could explain how defects in manufacturing, design, and marketing can be the basis of a lawsuit. Our legal team could also help you fight to hold the negligent parties responsible.
Manufacturing and Design Defects
A small portion of manufactured products can be defective due to an assembly error. In these cases, the manufacturer could be liable for any harm the plaintiff sustains from the faulty construction, even if the manufacturer was careful during the process. Notably, the plaintiff must show the flaw was present when the product left the factory for a favorable outcome.
Design defects originate when the product is conceived, so the hazards are present in all products the manufacturer then assembles. If a superior design is reasonably available, or if the manufacturer could have anticipated problems with the faulty design, you might have a chance at damages in their product liability claim with the help of a skilled attorney.
Failure to Warn in Lawrenceville Cases
Parties in the distribution chain could be liable for your injuries if they did not provide warning labels or proper instructions for the product’s use. Accountability also applies if the consumer followed included instructions and was injured.
The American National Standards Institute (ANSI) provides rules for safety labels and signs affixed to products. Warning labels are supposed to:
- Identify existing hazards
- Explain the risks involved with the labeled product
- Explain the hazard’s level of severity with color-coded keys
- Explain how to avoid the hazard
Many other consumer protection rules guide how warning signs should be placed and what they must convey on products. An experienced lawyer in Lawrenceville could review product warnings to build a case for your necessary compensation and provide evidence of manufacturer liability.
Elements of a Product Liability Claim
Defective product claims are built on negligence, strict liability, and breach of warranty. As the plaintiff, you must prove the defendant had a duty to produce a safe product, that they breached that duty, and that, because of the defect, you sustained injuries.
Further, under strict liability actions, you need only prove that a defective product injured you. Even if the manufacturer or designer were careful during production, it does not affect a plaintiff’s lawsuit. However, the product must be purchased in the distribution chain. Products purchased at garage sales or second-hand shops are not subject to strict liability claims.
Breach of Warranty
Many consumers rely on express warranties in which the manufacturer or retailer makes and backs claims about the product and its safety. They rely on implied warranties that promise the product is safe and fit to be used as intended. If this warranty is breached, an attorney in Lawrenceville could use the breach to your product liability claim’s advantage.
A Lawrenceville Product Liability Attorney is Your Advocate
If a defective product injures you, you should not have to focus on what party is responsible for your harm; by retaining an experienced team of attorneys, you can focus on recovering while we investigate on your behalf.
Our Lawrenceville products liability lawyers could advocate for you from the start to presenting your case in court. Call for your initial consultation today to get started.