When you go to the store and pick something off of the shelf, you never expect it to cause you harm. From electronics and kitchen appliances to decor and kid’s toys, almost anything you see in store can potentially have a defect.
This doesn’t mean that everything is threatening, but if you encounter a dangerous product and get hurt or sick because of it, what are you supposed to do?
A defective products claim seeks to recover all damages suffered by you and your family members from the result of a dangerous product. Our attorneys are here to help.
The CEO Lawyer Personal Injury Law Firm has been serving the community for years, and we’re committed to providing advocacy and care to all of our clients. We’re passionate about assisting victims of defective products to get back on their feet and regain a sense of normalcy.
A member of our team is standing by to help you, too.
A consultation with a defective product lawyer is simply one call away. Our initial meetings are cost-free and come with no obligation to move forward with our services.
Our goal is to help you feel more comfortable with the legal process ahead, answering questions and mapping out the confusing steps. To schedule your free case review, call (770) 525-9098 or contact us online.
How Can a Lawrenceville Defective Product Attorney Help My Case?
Defective product injuries have risen over 7% in the span of a year. A defective product can leave someone with incredibly impactful or life-changing conditions and can cause harm in an infinite amount of ways.
No one intends to sell a defective product, but when it happens, the victim should expect to be taken care of. In many cases, these companies can give the victim more of a headache than aid, and that’s where we step in.
Any type of injury or physical condition can feel scary, but you shouldn’t have to bear that weight alone. The advocacy and case protection that come with retaining an attorney can relieve a level of that overwhelming stress off of your shoulders.
While a lawyer can’t heal you, the professional services that come with one can give you the opportunity to focus precious time on things that really matter: your recovery journey. We’ll have your back when it comes to all of the paperwork and legal steps, so you don’t have to spread yourself too thin.
Corporations may hope that victims aren’t aware of their own claim’s true worth, which they can take advantage of to limit their level of liability. The team The CEO Lawyer can fight back, keeping you fully aware of your legal rights to ensure your claim is capable of achieving its rightful value.
The CEO Lawyer can help you pursue your defective products claim by:
- Researching relevant statutes and case law: Defective product claims can be based on the basis of strict liability, negligence, or breach of warranty. Your attorney will examine the details of your cases with respect to past cases similar to yours in order to determine the most appropriate cause-of-action and overall legal strategy.
- Interacting with the liable party: Manufacturers and other big corporations have deep legal resources, making them think they have the upper hand in injury claims. Your attorney will ensure that you don’t fall victim to common tactics that settle for less than your damages or that attempt to prevent any efforts to claim liability.
- Comprehensive guidance and case management: From the start of your case to its finish, your attorney will be there to provide counsel while keeping you informed of all your legal options.
- Accurate estimation of damages: Many injury victims undervalue their claims, leaving certain costs unaccounted for or coming to the table willing to settle for less. Your attorney helps you know the true value of your case, including all damages suffered as well as those you are predicted to suffer in the future.
- Preparation for possible lawsuit and court case: Most injury claims are resolved outside of court, but it may be necessary to file a lawsuit and proceed to a jury trial if an amicable settlement can’t be reached. Your attorney prepares you for this possibility and assumes responsibility for the bulk of the resulting casework.
What Is Product Liability?
When a manufacturer or trader puts a product out on the market, a level of trust is to be expected between producers and consumers. Those who sell or trade products have a duty to repay damages after what they are selling causes harm, and this is known as product liability.
When someone sells a faulty product that results in harmful injuries, they may be legally responsible for expenses incurred by the victims.
A popular example of product liability was when, in 2002, the tobacco company Philip Morris, now known as Altria Group, faced a lawsuit brought forth by a woman with lung cancer who claimed smoking cigarettes caused her illness and that her addiction to smoking was caused by the company’s failure to warn her of the risks she’d face. The court originally awarded her $28 billion and $850,000 in compensatory damages, but after appeals, the final settlement was reduced to $28 million.
Types of Liability Claims for Defective Products
Product liability is not as easily determined as finding the company that sold the product to the public. A defect in a store product can happen at all stages of the development process — design, production, marketing, and even handling of the product.
While the victim is not expected to know at which stage of the manufacturing and supply chain the defect was introduced, they are expected to be able to file their claim under one of three categories of liability. An attorney can help you understand which type of liability claim would best fit your circumstances and how to carry out the appropriate process.
Negligence
A product liability claim to negligence involves accusing the corporation of breaching its duty of care to consumers. Whether this happened in the design, manufacturing, or handling of the product, a claim to negligence means that a product was faulty and ill-produced and that this unreasonable error would not have occurred had the company followed its legal obligations.
A breach of duty could be alleged for a wide variety of reasons, including using unqualified workers, improper material, or shortcuts when safety testing. These claims generally require the testimony of a field expert who can break down the details of what occurred based on the evidence at hand.
Breach of Warranty
In a breach of warranty case, the plaintiff will need to prove that the product in question did not perform as expected and marketed by the manufacturer. This type of product liability claim is broken down even further into two categories: express warranties and implied warranties.
An express warranty covers explicit statements made by the manufacturer that promise the product will perform in a certain way. An implied warranty addresses promises that were not explicitly stated but implied through advertising, packaging, etc.
Strict Liability
Uniquely, these cases do not require proof that the corporation was negligent or committed a breach of warranty.
Strict liability claims involve unreasonably dangerous products that were put on the market, causing an injury. A victim will need to prove that the product had a design, manufacturing, or warning label defect, that said defect existed when the product left the defendant’s control, that the product was used in an expected way, and that it caused an injury.
Types of Product Defects
As previously stated, there are many types of product defects, but the most common ones more specifically include:
- Design defects: A product with a design defect was created with a dangerous component that was overlooked before the idea went to production.
- Manufacturing defects: Once a product has been conceptualized, a team of manufacturers will come in to turn the idea into a tangible reality. Products that are defective due to a manufacturing error are affected by material or craftsman errors.
- Warning label defects: In these cases, a product either came with an ill-advising warning label or did not have one at all.
If You’ve Been Injured Due to a Defective Product, a Lawrenceville Defective Product Law Firm Can Help
Enduring an injury or the development of a medical condition due to a defective product is a harrowing experience that no one is prepared for. Moreover, taking on the company that is responsible for your ailments can add stress and worry to your plate.
Retaining a personal injury attorney can provide you peace and comfort, knowing you have a professional to lean on.
Working with The CEO Lawyer Personal Injury Law Firm means gaining a reputable team of allies who are passionate about fighting for your best interest. We have spent years serving members of the Lawrenceville community just like you.
Your first consultation is always cost-free and comes with no obligation to commit to our services. We simply want to help you understand what the legal process is going to look like and give you a chance to ask any pressing questions.
To meet with an attorney from The CEO Lawyer, schedule an appointment by calling (770) 525-9098 or contacting us online.
