The proper and safe functioning of everyday items is essential to modern life. Manufacturers are expected to test their products properly to ensure they are safe. When companies cut corners, product standards can slip, and as a result, consumers can suffer serious harm.
If a faulty item harmed you or a loved one, you could benefit from speaking with a DuBois defective products lawyer. A skilled personal injury attorney could investigate the accident to understand which parties are at fault.
How is Negligence Proven in Defective Goods Cases?
In general, a product manufacturer is liable for harm caused by their defective merchandise if it causes damage to a buyer, user, or bystander when it is being used in a reasonably foreseeable manner. Product liability often utilizes the legal concept of negligence. Negligence claims allege that a failure to exercise reasonable care resulted in a defect that caused the plaintiff harm.
The nature of the product defect is important to liability. In DuBois, an attorney could argue there were dangerous product defects caused by the manufacturing, design, or marketing team.
A manufacturing error occurs when the item at issue comes off the assembly line different from the rest, and its poor assembly results in a defect that injures the consumer.
Consequently, the manufacturer is liable in this situation. In these cases, the plaintiff need not establish that the manufacturer negligently designed the product that caused the injury. Rather, the plaintiff must simply establish that a failure somewhere along the manufacturing process caused the at-issue product to be defectively produced in a way that leads to the injury. In other words, the plaintiff must show that the manufacturer is liable because the product is unlike others of identical design, and that difference caused by a flaw in the manufacturing process caused harm to the plaintiff.
A claimant may argue that the design of the product in question was inherently dangerous. Depending on the legal test that applies, a plaintiff must either show that a defective condition existed and was beyond reasonable consumer expectations, or that the risk posed by the product outweighed its utility. An experienced attorney could strategize about how to prepare a compelling case based on the specific circumstances.
Failure to Warn or Give Adequate Information
In some instances, a product’s marketing may be flawed either because it failed to make the consumers aware of the product’s dangers, or because there was insufficient information provided about the product, such as instructions on how to use it properly. In determining whether a manufacturer should have warned about certain dangers, the law focuses on the defendant’s knowledge of the product’s risks at the time of production or sale.
What Damages are Available in a Defective Products Case?
A DuBois defective products attorney could seek recovery on behalf of the claimant for the medical bills he or she incurred as a result of the accident. This includes both past and future expenses.
The legal system also provides compensation for lost income. If a plaintiff must take time off of work or has a diminished future earning capacity, this person may be able to seek recovery for these lost wages.
A plaintiff also may be able to obtain damages for the physical pain and mental suffering he or she has undergone as a result of using the faulty item. It is important to note that these damages are subjective and often require the assistance of experienced legal counsel to calculate the total losses properly.
Call a DuBois Defective Products Attorney Today
Contacting an attorney could be critical to the success of your case. Companies may spend vast amounts of money and resources trying to minimize their liability. Facing them as an unrepresented individual can create a significant disadvantage.
A DuBois defective products lawyer could help you put together a plan that suits your needs. Reach out to a Marcus & Mack lawyer today to explore your options for legal recovery.