What is Product Liability?

Product liability refers to the legal responsibility of a manufacturer or seller for a defective product that causes harm to a consumer. When a product is sold in the market, it is expected to be safe for use. However, if a product has a design flaw, manufacturing defect, or inadequate warning labels, it can result in injury or harm to a consumer.

How Product Liability Attorneys Can Help You

If you or a loved one has been injured due to a defective product, a product liability attorney can help you seek justice and compensation. Here are some ways that product liability attorneys can assist you:

Investigation:

A product liability attorney will investigate the details of your case to determine the cause of the injury and whether the manufacturer or seller is liable.

Expert Testimony:

An attorney can bring in expert witnesses to testify on your behalf and provide technical details on the product's design, manufacturing, and warnings.

Negotiation:

Product liability attorneys can negotiate with the manufacturer or seller's legal team to reach a fair settlement.

Litigation:

If a settlement cannot be reached, an attorney can take the case to court and argue on behalf of the injured consumer.

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Types of Product Liability Cases

There are several types of product liability cases, including:

Design Defects:

These are products that have a flawed design, making them inherently unsafe.

Manufacturing Defects:

These are products that have a design that is safe, but a defect occurs during the manufacturing process.

Failure to Warn:

This occurs when a manufacturer fails to provide adequate warnings about potential hazards associated with the product.

Marketing Defects:

These are cases where the product's marketing is deceptive or misleading, leading consumers to use the product in an unsafe manner. For example, if a cleaning product is marketed as safe for children but actually contains hazardous chemicals, this could be considered a marketing defect.

Breach of Warranty:

This occurs when a manufacturer or seller fails to uphold the terms of their warranty. For example, if a car manufacturer provides a warranty for a vehicle but does not honor it when the vehicle experiences mechanical problems, this could be considered a breach of warranty.

Strict Liability:

This is a type of product liability case where the manufacturer or seller is held liable for any injuries caused by a product, regardless of whether they were negligent. Strict liability cases are typically reserved for cases where the product is inherently dangerous or has the potential to cause serious harm.

It's important to note that product liability laws vary by state and can be complex. If you believe that you have a product liability case, it's best to consult with an experienced product liability attorney who can help you determine the best course of action.

Pharmaceutical Defects:

Similar to medical devices, pharmaceutical products can have defects in their design, manufacturing, or labeling, which can result in harm to the patient.

It is important to note that product liability laws can vary by state and jurisdiction, and the specific circumstances of each case can impact the legal options available to consumers. Consulting with a product liability attorney can help injured consumers understand their legal rights and options for seeking justice and compensation.

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Conclusion

If you or a loved one has been injured due to a defective product, don't hesitate to contact us at Tomczak Law Group. Our experienced product liability attorneys can help you seek the justice and compensation you deserve. We will investigate the details of your case, provide expert testimony, negotiate with the manufacturer or seller's legal team, and if necessary, take the case to court. Contact us today to schedule a free consultation and learn more about your legal options.