What is a Manufacturing Defect?
If a defective product causes an individual to get injured, that individual may have a Product Liability case. In many cases a product is defective because something happened during the manufacturing process that makes the product unsafe for its intended use. Oftentimes the manufacturing defect occurs because of poor-quality materials or simply carelessness in putting the product together. (This is in contrast to a design defect which is a defective in the way a product is made or obviously, designed.) If a manufacturer would have purchased better quality material or hired more careful and experienced workers, the product would be less dangerous.
Do I Have to Prove that they Were Negligent?
If a poorly manufactured product causes injury when used for its intended purpose, the manufacturer has to pay for any injuries. This is a legal principle knows as strict liability. It doesn’t matter the level of care employed by the manufacturer, if a product is defective THEY ARE LIABLE. There is a good reason why this is the law. If the manufacturer were held to a negligent standard, then an entire industry could avoid being held liable for manufacturing defects by making shoddy products. Think about it, if an entire industry believed that they were manufacturing a product correctly, and in fact they weren’t, no one would actually be negligent. They all would be applying the standard of care for the industry. In that case, there would be no recovery for the thousands of individuals who were injured. On the other hand, strict liability pushes manufacturers to make better products so they can reduce the number of lawsuits and save money. This in turn reduces the amount of people whom a product injures in the first place.
What Can I Recover?
Successful claims for product liability cases can recover monetary compensation for hospital bills, future medical care, lost wages, pain and suffering, disfigurement, future pain and suffering and other damages. The court systems purpose is to try to make you whole again. Often that is impossible, so monetary compensation is awarded to make up for your harms and losses.
If You’re Not Sure You Have a Case, Call Us for a Free Consultation
We don’t expect our clients to be legal scholars. Oftentimes, people are unsure if they actually have a valid case. That why we will consult you for free. Give us a call and come down to our office. We’ll assess your case for free. If you do need a personal injury attorney, you need to hire an experienced one. You need to hire product liability attorney Anthony Bruning.