What Products Can be Defective?
Almost any type of product sold today can be defective if care wasn’t taken during the design, manufacturing, and sales process. Common types of defective products include the following.
- Vehicles – Severe accidents can occur when a vehicle has a defective part. An example of this would be a case where airbags failed to deploy in an accident, causing the victim to have far more severe injuries. Any component on a vehicle can be defective, and the result can be an accident and severe injuries or death.
- Consumer Products – Any consumer products can be defective, as well. This includes appliances, toys, furnishings, electronics, playgrounds for home use, blinds, and many other products. Any product has the potential if it is not designed and manufactured correctly.
- Manufacturing Equipment – Work-related accidents are commonly caused by defects in manufacturing equipment. This can include any major machines that can cause severe injuries if safety precautions do not work as intended or the machine starts to malfunction.
- Medical Devices or Products – Medical devices and other products like medications can have unintended side effects, even if they were thoroughly tested before release. Depending on the warnings provided to patients before use, someone can be injured as a result of a defective device or medication and end up with severe or permanent injuries.
Types of Defects
Defective product cases typically fall under three different types depending on where the defect occurred. For these cases, there is strict liability, meaning the party that caused or led to the defect is liable for any injuries that arise from the use of the product. The three main types of defects are as follows.
- Defects in the Design – Defects can occur during the design stage of a product. This typically occurs if the product doesn’t end up meeting safety standards due to the way it was designed or if there are more risks than benefits with the way the product is designed.
- Defects During Manufacturing – Manufacturing defects occur when the product is designed properly, but something happens during the manufacturing process and the final product is not as safe as intended. This can happen if something isn’t connected properly or the wrong material is used despite the design requiring something specific for safety reasons.
- Inadequate Warnings or Instructions – A product can be considered defective if someone was injured while using the product because they did not receive sufficient instructions for use or because there were no warnings about potential dangers of the product. If there is something sharp that isn’t expected, for instance, that should be pointed out before a consumer uses the product.
Types of Compensation Available
With product liability cases, consumers can obtain compensation for economic damages, general damages, and punitive damages. Economic damages are those that have a dollar amount, such as medical bills, lost wages, medical products or therapy, costs to replace damaged products, and more. General damages are those that don’t have a dollar amount attached to them, so they can be more difficult to measure. These damages are based on the emotional impact of the injuries on the person’s life. General damages typically cover pain and suffering, disabilities or changes in lifestyle, changes in personal relationships, and related issues that occur with severe injuries.
Punitive damages are not awarded in every case, but they can be significant when they are included. These damages are intended to punish the manufacturer or designer of a product for the injuries caused. If a manufacturer fraudulently claims a product is safe and someone is injured while using the product properly, the victim may be awarded punitive damages. This is done to discourage the liable party from making similar decisions in the future when designing or creating products.
What is Needed to Obtain Compensation
Victims of defective products will need to make sure they have as much evidence as possible to obtain compensation for any injuries sustained. A lawyer can help their client obtain the evidence needed for this type of case. Evidence commonly needed for a defective product case will include the product itself, other products available for testing, witness statements, detailed information about how the injuries occurred, records of maintenance or repair if applicable, official reports, and any government data on related product defects. It is important for the victim to save the product after the injury occurs, as it will be needed during the case. If the product cannot be produced, it can be far more difficult to prove the injuries were caused by the product.
Determining Liability for the Injuries
Liability covers who is responsible for paying compensation to the victim of a defective product. The liability can vary based on a few different factors.
- What Caused the Product to be Defective – The cause of the defect can show which party is liable. If the defect occurred during the manufacturing of the product, the manufacturer is liable.
- How the Product Was Used – If the product was not used as intended, the victim can be liable for their own injuries. However, if the victim did not know how the product should be used, it’s possible the seller is liable for failing to provide proper instructions.
- Where and When the Product Was Sold – Depending on how and why the defect occurred, the seller could be held liable. In these cases, it’s important to know where and when the product was sold to show the seller is liable for the injuries.
- What Warnings Were in Place Before Use – If there are no or limited warnings on the product before use, the company that designed the packaging or the seller could be liable for any injuries sustained during the use of the product.
- Other Factors – Each case is different. There may be other factors that can help show who is liable for the injuries sustained due to a defective product.
Handling a Defective Product Case
Product liability cases can be incredibly complex and difficult to prove. This is why a lawyer is needed. Manufacturers will spend thousands of dollars to prevent and defend against defective product cases, as these cases can hurt their image and be incredibly costly to pay out. Defective product cases can turn into class-action lawsuits if multiple people are injured by the product, so manufacturers will work to fight any case as much as possible to prevent this.
The laws are designed with the victim in mind, so it is possible to win a defective product case and receive compensation for any injuries. However, it is not easy to do. Victims of defective products will want a lawyer with experience on their side through the entire case. The lawyer knows what evidence is needed, how to prove liability, how much compensation to request, and more. They’ll work closely with the victim to make sure sufficient compensation is obtained and the victim’s medical bills and other expenses are covered by the settlement.
If you’ve been injured while using a product, it’s possible you could be owed compensation for your injuries. It can be difficult to obtain compensation, however, so it is a good idea to speak with a lawyer as soon as possible. Always get medical attention first, then speak with a lawyer to learn more about what may be possible in your case. Call us today to start getting help and working toward receiving compensation for your injuries.
FAQs About Defective Product Injuries
If you’ve been injured by a product, it may be possible to receive compensation for your injuries. To do so, you’ll want to speak with a lawyer and learn more about your specific situation. Before your consultation, however, read through the following questions and answers. This can give you a little bit more information while you wait to speak with a lawyer about the case.
How Do I Know If I Can Receive Compensation?
The only way to know is to speak with a lawyer about the case. It can be difficult to determine if compensation is owed for any specific case. A lawyer will review the facts and determine whether there is sufficient evidence to prove a defect and obtain compensation. If there is a case, the lawyer can then work closely with the victim to make sure the victim obtains the full amount of compensation they’re owed.
Who Owes Compensation for Defective Products?
The liable party will be the one who pays out compensation for a victim of a defective product. Determining liability is complex, and it’s not always the obvious party. With products, liable parties can include the designer, the manufacturer, the seller, or other parties that played a part in the design, manufacturing, and sales process. A lawyer will be needed to determine the correct liable party, as the claim will be denied if the wrong party is listed.
What Compensation Can I Receive for My Injuries?
The types of compensation will vary based on the injuries sustained as well as damages caused. For most product liability cases, victims can expect compensation for medical costs, future medical expenses, damaged products, lost wages, and other expenses related to the incident. Victims can obtain compensation for pain and suffering as well as other types of general damages. In some instances, victims may also be awarded punitive damages.
How Much Compensation Will I Receive?
Each case is different, so the amount of compensation will vary. Victims can get a good idea of how much compensation they may be able to receive by adding up all of their expenses related to the incident. It is important to remember that there are general damages and punitive damages that can be awarded on top of economic damages and that the lawyer’s fees will be included in the settlement.
What Do I Need to Prove The Product Was Defective?
To prove the product is defective can mean producing the damaged item, showing how it could have been damaged through normal use, as well as with other evidence. If there is video footage or photos of the accident, that can help, as well. A lawyer will help the victim find and use any evidence of the incident to help prove the product was defective and win the case.
Should I Throw Out the Defective Product?
No. Although it’s tempting to toss the product in the trash, it does need to be kept for the product liability case. The defective product will need to be entered as evidence to show how the injuries occurred and how the product caused them. It will be far more difficult to receive a settlement without the product.
Will I Need a Lawyer to Handle My Case?
Victims are not required to have a lawyer, but they will likely have the claim denied if they do not have legal representation. Manufacturers work hard to prevent claims because of the potential costs involved, so they will have lawyers on their side. It’s not practical for a victim to go up against a team of lawyers on their own.
How Do I Afford a Lawyer?
Product liability lawyers work on a contingency basis, meaning they only get paid if they win the case. Victims do not need to have the funds to pay the lawyer upfront. Once the victim receives a settlement, part of the settlement will go to the lawyer. The legal fees are built into the amount of money requested by the victim from the liable party, so this doesn’t take away from the amount needed to cover medical bills and other expenses.
Is It Hard to Obtain Compensation for Defective Products?
It can be difficult to obtain compensation. Since manufacturers don’t want to be known for producing defective products, they will work hard to prevent paying out claims, which is public knowledge. Victims are advised to have a lawyer help them with any claims, no matter the amount, because this can make it more likely a settlement will be negotiated.
Can a Disclaimer Mean Compensation is Unattainable?
Many products include disclaimers stating they cannot be held liable for injuries sustained while using the product. This is done to discourage victims from requesting compensation, but these types of disclaimers are unenforceable. The product can still be considered defective and the victim is still able to request compensation for any injuries sustained while using the product.
How Likely is it the Case Will Go to Trial?
This can be difficult to determine with defective product cases. Most cases do settle out of court because no one wants to go through the time or cost of a trial. However, if negotiations are not successful, the case may end up going to court. It is also possible for the case to go to trial if it turns into a class-action lawsuit.
What is a Class Action Lawsuit? Do I Need to Be a Part of It?
Class action lawsuits occur when multiple victims sustain injuries from the same product. In these cases, there will be multiple people seeking compensation at the same time, so the cases are combined to make it easier on the courts. This does not mean a reduced chance to obtain compensation and doesn’t mean the victim is unable to settle their case. It is still a good idea for the victim to retain a lawyer so they can receive help while the case is ongoing. It may not be necessary for the victim to be a part of the class-action lawsuit – they may be able to create a separate lawsuit if desired.
If you’ve been injured by a defective product, calling a lawyer now gives you the chance to learn more about your situation and what compensation you could receive. You may be able to obtain a significant amount of money to cover medical bills and other expenses relating to your injuries. Call us today to discuss your case and to start talking with us about how to file a claim for compensation against the liable party.
