It is best to organize a defective product claim with a lawyer as these suits can be extremely complex. It’s not just enough to show that an injury occurred; the victim will also have to demonstrate an inherent flaw in the item. In some cases, like in the event of a major recall, this is not difficult, but it can be tough if there is no clear evidence. In these instances, the defendant will do everything possible to discredit the victim or argue that the item was used improperly. However, an attorney experienced in these claims will be able to counter common defense tactics like these.
WHAT KINDS OF DEFECTIVE PRODUCT CLAIMS CAN A LAWYER HELP A VICTIM WITH?
Nearly anything can cause an injury if it is flawed, but some items are more dangerous than others if they aren’t functioning correctly. Vehicle accidents, in particular, often involve a poorly designed or built part that contributes to the crash. Flawed brakes, damaged sensors, faulty ignition switches, exploding tires, and a poorly constructed frame can all cause or worsen an accident, exposing the part or vehicle manufacturer to liability.
Dangerous medications are another common subject for these claims, as pharmaceutical companies often fail to examine their medications thoroughly. This can make it impossible to detect side effects or to generate reasonable dosing instructions for medical professionals. In either case, the results can be devastating to the victim. Medical instrument companies are often negligent during research and testing as well. For example, a business that produces artificial hip replacements may fail to study how their replacement interacts with the body, whether it will be rejected, and if the replacement can handle the environment inside the human body. These may seem like obvious concerns, but several hip replacements have been recalled in recent years after they eroded inside patients and caused tissue death.
HOW DO LEGAL PROFESSIONALS ORGANIZE DEFECTIVE PRODUCT CLAIMS?
A lawyer and most other legal experts separate these claims into one of three categories, depending on the nature of the flaw. These categories include:
- A manufacturing error that has resulted in an unsafe item
- A design flaw that makes the item inherently unsafe to use under normal circumstances
- Poorly communicated instructions or warnings that fail to alert consumers to safety risks
In all three cases, the victim must prove that the error or flaw was the reason for the injury. For instance, if a driver is operating a vehicle with flawed brakes and causes an accident with another vehicle, the victim will only have a claim if the brakes contributed to the accident. If the investigation shows that the driver was operating the vehicle at an unsafe speed or steered into the other vehicle, their claim will likely be dismissed. It’s also not enough to demonstrate that an item is flawed – there must also be an injury present, and the flaw must be responsible for the injury.
As anyone can see, there are a lot of moving parts to these claims, and without a complete grasp of all of them, the victim will have trouble during settlement. An experienced attorney can step in and provide this expertise, guiding the case from start to finish.