Understanding Your Rights In Product Liability
What is products liability? Products liability is a way of getting compensation for injuries caused by a product. What is a product? A product is anything man made. For example, an automobile, a home appliance, a drug, a machine, a chemical, a tool, really anything that is manufactured, changed, bottled or packaged.
When Can A Person Recover Damages?
When can an injured person recover for injuries caused by a product? Recovery for injuries caused by a product depends on whether the product was in some way defective; in other words, that there was a defect in the product, a flaw or a failure in some manner. Who is responsible or liable for the injury caused by a product? The responsible party can be the manufacturer, the distributor or wholesaler, the seller or the reseller or a maker of a part within the product that fails. Injuries from products can happen at work, at play or recreation, and at home.
The Three Types Of Claims
There are three accepted types of product liability claims:
- Manufacturing defect
- Design defect
- A failure to warn. This is also known as a “marketing defect.”
- Manufacturing defects happen while the product is being manufactured. These can be faulty or poorly made parts or products.
- Design defects are defects that are caused by poor design. The product may not meet set safety guidelines or expectations or may not perform as it should.
- Failure-to-warn defects occur when there is a rise in products that have safety issues, which can be mitigated if the user is adequately warned of the issues and instructed as to proper use.
The Highest Rated Attorneys
Both of the attorneys at Atterbury, Kammer & Haag, S.C., have the very highest rating that you can achieve as trial lawyers in this country. We have the experience and skills to take on big insurance and challenging cases. Call us toll-free at 1-800-817-3729 or 608-821-4600. You can also fill out our online contact form an attorney will get back to you promptly.