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Every day all kinds of products pass from the manufacturer, distributor, and retailer to consumers. This system works well until an unsafe product enters the market and injures a consumer. Fortunately, it may be possible to hold all those in the supply chain responsible for any harm to the consumer.
When you are injured by a defective product, get in touch with an experienced personal injury attorney as soon as possible. A Dalton defective products lawyer can explain how defects in manufacturing, design, and marketing could be the basis of a lawsuit.
Manufacturing defects are not intended to be part of the finished product, but happen do to either an assembly error or human mistake. The defect is frequently isolated only to a small batch of products. When manufacturing defects occur, the manufacturer will be strictly liable for any harm consumers sustain from the faulty construction—even if the manufacturer was careful during the process. However, the burden is on the plaintiff and their attorney to show the flaw was present when the product left the factory.
Design defects originate when the product is initially conceived. The hazards a faulty design creates are present in every single product manufactured using the design. If a superior design is reasonably available, or the manufacturer could have anticipated problems with the faulty design, the injured party likely has a viable claim that a diligent Dalton defective products attorney can present in court.
If warning labels or instructions for a product’s use could have prevented injury to the consumer but were not included with the product when it was sold, parties in the distribution chain could be held accountable if a consumer is injured. 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 should:
Many other consumer protection rules guide how warning signs should be placed and what they must convey on products. A knowledgeable Dalton premises liability lawyer can review warnings to build a case for compensation.
Product liability lawsuits may be filed against negligent manufacturers or production companies and are based on negligence, strict liability, and breach of warranty.
Negligence occurs when a product’s careless design or manufacturing harms someone using it. Plaintiffs must prove defendants had a duty to produce a safe product, breached that duty because they knew or should have known about the product defect, and because of the defect, a plaintiff was injured.
Under strict liability actions, the plaintiff need only prove a product was defective, and they were injured. The manufacturer or designer might have been careful during production, but that does not matter under strict liability. What does matter is 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.
Consumers rely on express warranties in which the manufacturer or retailer makes and backs claims about the product and its safety. They also rely on implied warranties which are promises that the product is safe and fit to be used as intended.
Plaintiffs who prevail in a product liability lawsuit may be entitled to financial compensation covering a range of economic and non-economic harm. Generally, plaintiffs can count on having medical bills and lost wages covered and could be compensated for emotional anguish, disfigurement, future lost wages, and loss of the enjoyment of life. Talk to a seasoned defective products lawyer in Dalton to discuss causes of action and possible financial recovery.
When you are injured by a defective product, you are probably confused about who may be responsible and if you can hold them liable. A well-practiced attorney who specializes in these complex cases can help provide clarity.
Anyone in the distribution chain could be responsible, and your case may be filed as one of many tort claims. A Dalton defective products lawyer can advocate for you every step of the way—from identifying at-fault defendants to presenting your case in court. Call today to learn more.