When designing a product, engineers must consider how the product may be used. The design is subsequently adjusted to ensure that it as safe as possible, such as rounding edges that were previously sharp in the design.
If a design flaw is not discovered prior to manufacturing the product, it is not uncommon for the product to be sold with the defect. Additionally, products that are complex have more complex manufacturing processes, which can increase the chances of a defect occurring during manufacturing.
If you or a loved one has been injured by a dangerous or defective product, contact a Cumberland County product liability lawyer to ensure that you have the best chance of getting the recovery that you deserve. A compassionate personal injury lawyer can fight for a positive outcome for you.
Grounds for Products Liability Claims
Products liability is the legal principle which holds a seller or manufacturer liable for permitting a defective or dangerous product to reach a consumer, who is injured as a result. These dangers can arise when there is a design defect, manufacturing defect, or a failure to warn the user of dangers when using the product in expected ways.
A design defect is an issue that existed in the product when it was being conceptualized. This typically means that the design of the product could have been altered to reduce or eliminate the foreseeable risk of harm to consumers. The designer is not required to conceive of every possible misuse of the product; it only requires that they consider the harm that is reasonably foreseeable.
Examples of Foreseeable Risk
When designing toys for infants, a foreseeable risk is always that the product will enter the child’s mouth or be dropped, so it should be designed without pieces that will easily dislodge. A product can leave the design process without defects, but defects may still occur during the manufacturing process. An infant toy that may have been designed without easily dislodged pieces may still end up in a consumer’s possession with easily dislodged pieces as a result of an equipment error during the manufacturing process, causing parts not to meld well. Injuries or deaths occurring, as a result, may lead to a product liability claim.
Prior to being placed on store shelves, a product goes through extensive testing. In some cases, a manufacturer becomes aware of dangers but elects not to alter the design or warn the public because it is more profitable not to do so. A product liability claim may be filed when a manufacturer fails to warn consumers of dangers which are known or should have been discovered, that the consumer may have been unaware of. The manufacturer, distributor, or seller of the product could jointly or separately be liable for injuries sustained.
Strict liability is a theory that holds a manufacturer or business responsible for defective or unexpected dangerous products, without regard to any efforts made to prevent consumer injury. Under the strict liability theory, the injury occurring is sufficient to give rise to legal action.
In strict liability cases, the injured victim is not required to establish that the manufacturer was negligent. An injured victim must only establish that the product was defective, the defect existed prior to the product being sold, and the defect resulted in the victim’s injuries. A Cumberland County product liability lawyer can help attempt to help the injured party establish negligence in a personal injury case.
Contact a Cumberland County Product Liability Attorney Today
When consumers are injured because of a defective product, there are a number of parties that may be liable for releasing a product that they knew or should have known was risky for users.
If this is the case, do not hesitate to contact a Cumberland product liability lawyer who can look at all the aspects of your case. A lawyer can advise you of the potential legal options that you have for seeking and receiving compensation for your injuries.