When you are faced with personal injury, an attorney who has regularly advised and represented clients in products liability matters can help you to achieve an effective and timely resolution. Call today to schedule a consultation and case evaluation.
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Products Liability – An Overview
Defective and unreasonably dangerous products can cause serious injuries to adults and children alike. No one uses a product expecting it to break or fail, so when a product’s defect becomes apparent, it can take the user by surprise.
Products liability is a well-established area of the law. If you have been seriously injured, consult with an experienced products liability attorney from Carter Craig, Attorneys at Law in Danville, VA, to discuss your options.
The federal government regulates some aspects of consumer product safety, but laws affecting products liability litigation exist at the state level. The intricacies of these laws vary from state to state, but they share some overarching principles.
Defects in design, manufacturing and marketing
Product defects come in several different forms. A design defect occurs when the manufacturer or producer fails to design the product so that it is safe for its intended use. Typically in these cases, the manufacturer could have used a safer alternative design to avoid foreseeable risk. This occurs when, for instance, a hammer is designed with a weak handle or a swing set is designed with an unstable base.
A manufacturing defect occurs during the manufacturing process and has nothing to do with design. Even when a product is perfectly designed, poor manufacturing practices can undo proper safety measures. This can occur when a manufacturer uses the wrong materials or fails to use appropriate quality controls. An example of this would be making the frame for a jungle gym out of tin instead of aluminum.
A marketing defect – the failure to warn of danger or instruct on proper use – is different. A product that is safe when the consumer knows how to use it can turn dangerous without the proper warnings. The manufacturer has a duty to warn users of non-obvious aspects that can make a product dangerous. For example, a marketing defect can occur when the manufacturer fails to provide instructions to use a household cleaner only in well-ventilated areas or to wear gloves while using it.
When a product is unreasonably dangerous
Some products, like knives and axes, are inherently dangerous. This does not make them unreasonably dangerous, however, because we know that when we use them they can cut. A product that is unreasonably dangerous, on the other hand, is one whose danger the consumer does not expect or whose risks outweigh its benefits. The property that makes the product unreasonably dangerous must have existed when it left the control of the manufacturer.
When you have been injured
If you have been hurt by a defective or unreasonably dangerous product, seek the help of a products liability lawyer. After you get medical attention for your injuries, it is important to keep the product that caused the injuries. If you keep the product, it will be easier to prove what kind of defect caused the problem. An experienced attorney will advise you on how best to proceed. Contact Carter Craig, Attorneys at Law in Danville, VA, today to schedule a consultation with a products liability lawyer.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.