Filing personal injuries claims from a dangerous product
February 9, 2020 by GKwriter
Product liability occurs when an individual suffers an injury from a product due to a defect or the manufacturer fails to warn the public of the risks of using the product. A product that carries liability in cases where someone gets hurt might be from a design flaw or defect that makes the product dangerous. These flaws should be caught during testing.
Sometimes, one of the greatest hurdles to overcome in product liability cases is proving that the customer used the product the way that it was designed to be used. The manufacturer might try and prove that the customer misused the product injuring themselves. In those cases, the manufacturer assumes no liability because they are not at fault when products are not used according to instruction.
To ensure that your case gets the attention and respect that it deserves, you should hire a Virginia personal injury attorney to represent your case. An attorney can prove your case and knows what to expect from a manufacturer’s defense team. Hiring an attorney is your best chance at getting the faulty product’s manufacturer to reimburse your medical bills and pay for your pain and suffering.
Defective product claims are more common than claims where the manufacturer failed to warn of proper use and harm that can result from improper use. The product designer or factory that actually makes the product can be the at-fault party in defective products.
A faulty design can mean that the product does not function properly and is therefore a risk. Likewise, poor manufacturing of the product on behalf of the factory can make the product not operate as it should under normal conditions. And in those cases, if the design company had the specs correct, they might not be at fault for these claims.
Consider a case where a motorcycle fails to stop when the driver applies the breaks. The result is of course terrible injuries for the rider. Proper maintenance does come into play in such a case, but if the rider can prove that he did all the proper upkeep on the bike, he can prove that he is not at fault for the accident.
Likewise, defects in the design can cause serious injury. Consider an electric blanket that malfunctions and burns someone because it overheats. If the user followed all usage guidelines but still sustained injuries, the product’s design company can be sued for damages.
Products that fail to warn
Warnings and product use instructions help consumers know the risks of improper use. A lack of warning labels does not necessarily cover all injuries. The consumer must still use the product in a reasonable manner and how it is intended to be used.
For example, coffee pots should have an indication of what part of the pot is hot when in use. Failure to use the pot as indicated, for example putting some other fluid in the reservoir other than water, could result in injury.
Some product liability claims involve multiple parties that are at fault. Drugs should indicate other drugs that could cause a negative interaction between the two. Failure to do so can leave the company liable. But if there is a defect in the packaging that causes someone to cut themselves while opening the container, there might be another party at fault for such an occurrence.
Virginia product liability attorney
Gore and Kuperman is a team of experienced lawyers serving Virginia for all your personal injury needs. From product liability to car accidents, we know what to look for in cases and how to advise our clients on next steps and what to do.
In product liability cases, the plaintiff can make one small statement that throws out the whole case. This is due to contributory negligence. Our team of attorneys can help guide you on what to say and how to say it. That’s not to say you should ever lie in court. But the defense can twist your words in a way you might not expect.
Product liability cases are cases that you do not want to try and represent yourself for. You want a team of experienced lawyers behind you investigating your claim and bringing forth evidence to prove your case.
Gore and Kuperman will work tirelessly to ensure you get the financial support you need to recover from the incident. We know how these situations can set someone back from medical bills and missed work. Let us defend you to ensure your way of life.