There are many ways that defective, improperly manufactured, or incorrectly labeled products can cause harm to unsuspecting consumers. With help from a Lake County defective products lawyer, though, it is possible for injured parties to recover compensation for their injuries. If you are injured or receive harm from any kind of defective product, whether it is an incorrectly installed airbag, heavy machinery, or a children’s toy, contact a seasoned personal injury attorney with experience in defective products cases immediately.
The two main legal theories that plaintiffs may use to hold product manufacturers liable are negligence theory and strict liability. By discussing their case with a skilled Lake County defective products attorney, an injured individual may be able to understand which theory better suits their case.
Under negligence theory, the injured party must prove the presence of the following elements of legal negligence:
● The manufacturer or seller owed the consumer a certain duty
● The manufacturer or seller did not satisfy that duty
● The aforementioned breach of duty directly caused or resulted in injury to the consumer
● The consumer’s injury is physical in nature and compensable
Additionally, legal negligence requires that the injury to the consumer was foreseeable. The defendant may be anyone in the supply chain who neglects their duty to the consumer, including the original manufacturer, a handler, or even a store owner or seller.
A case that involves strict liability requires the injured party to show that their injury was caused by an unreasonably dangerous aspect of the product’s design, manufacturing, or marketing. Furthermore, they must show that the dangerous defect existed when the manufacturer had control of the product. Even if a dangerous product comes with a warning, there are some cases in which the warning may be deemed insufficient. An accomplished lawyer has experienced establishing liability in defective products claims.
There are three categories of product defects, all of which represent a failure in a specific area of the supply chain. With help from an experienced Lake County defective product lawyer, an injured person may be able to show that a manufacturer misled consumers or downplayed the dangerous nature of their product.
In some cases, an injured person can seek compensation for injuries that are a direct result of the way a manufacturer designed a product. For a design defect to serve as grounds for civil damages, the plaintiff must show that a reasonable alternative to the harmful design existed that the designer did not use.
Another way that a product may be found defective is when it is improperly built. Contrary to a design flaw, a manufacturing mistake is a type of defect that occurs when the builder deviates from the product’s intended design, causing a single incarnation of a product to be flawed rather than all of them.
Finally, the third way that a person may be able to sue for a defective product injury is by challenging the product’s marketing. Manufacturers and sellers have a duty to warn consumers about potential hazards, and sometimes warning labels do not adequately inform consumers about a product’s danger or proper use.
A defective products case can be complicated in many ways, potentially involving different legal theories to pursue and various types of product defects that affect how much compensation a defendant may owe you as the plaintiff. To give you and your family the best chance at a suitable and appropriate settlement, contact a knowledgeable Lake County defective products lawyer as soon as possible.