If you have been injured or a loved one was killed by a dangerous consumer item, the skilled product liability attorneys at The Perry Law Firm, LLC can help you assert your legal rights.
Manufacturers and sellers are prohibited from putting dangerous or defective products into the stream of commerce. They are required to pay for injuries caused by placing dangerous or defective products into the marketplace.
Generally, you can only seek compensation for a defect if it involves: (1) a design defect, (2) a manufacturing defect or (3) a failure to warn. Each of these requires proof of different elements.
Strict Product Liability
A strict product liability cause of action can be established by showing: (1) the manufacturer knew or should have known the product was dangerous or defective, (2) causation, and (3) damages. Strict liability does not mean absolute liability; you’ll still need to show that the defect was a substantial factor in causing your injury in order to win your case.
[In a lawsuit based on negligence, you will need to prove (1) the defendant’s duty to use reasonable care, (2) breach of the duty to use reasonable care, (3) causation, and (4) damages.] In other words, you will need to show that the manufacturer didn’t use reasonable care to make the product for its intended or foreseeable uses.
In a product liability case based on negligence, the manufacturer’s conduct is evaluated according to information that was available when the product came into the stream of commerce. It might be possible to show that there was negligence by proving that the defendant manufacturer didn’t stay current on technical literature related to the type of product involved in your accident. A product liability attorney can help you develop a strategy for a successful outcome.
Breach of Warranty
A breach of warranty lawsuit may be based on either express or implied warranties. In a claim of this nature, you would allege that a product did not perform as advertised, thereby causing injury. When a warranty is breached, a person who is injured can recover any damages that arise out of the breach.