People purchase new items with the expectation that they will function properly and be safe for them to use. Most of the time, this is true and no problems arise. However, it is possible for a defective product to be made if a manufacturer does not produce it to the best of their ability. When this happens, the product can malfunction and cause serious injuries to consumers.
If a manufacturer fails to produce safe items for consumers, they may be held liable for any injuries that occur due to defective products. This is done through product liability laws. When an injured individual wants to hold a manufacturer responsible, an experienced Bergen County personal injury attorney can assist them in their case.
What is Product Liability?
Manufacturers have a legal obligation to ensure the safety of consumers when they are producing products to sell. This is so that people do not become seriously injured due to negligence. If a manufacturer fails to do so and is negligent in producing safe items, they are putting the general public at risk. Defects are sometimes seen in children’s toys, household appliances, and sometimes even motor vehicles. If someone becomes injured due to a defective product, the manufacturer may be held responsible.
Part of producing safe products is providing consumers with warning labels for necessary items. This ensures that they are notified of how to use the product correctly without causing any injuries. It also helps manufacturers avoid lawsuits in case someone does use the product incorrectly and harms themselves. If a warning label is not provided, the manufacturer may be held liable for negligence.
Types of Cases
Product liability cases can generally be categorized in three ways:
- Design defect: When the design of a product causes injuries to a person because the designer did not consider user safety. To prove negligence, the injured party must show that a safer and economically feasible design could have been used instead.
- Manufacturer defect: If a manufacturer does not follow protocol during the production of a product, it can malfunction and cause injuries to the person using it.
- Failure to warn: When an injury occurs due to the lack of a warning label. In these situations, it is important to keep this product to be used as evidence.
When a person sustains a serious injury from a defective product, they usually require medical attention to treat it. This can cause the individual to be overwhelmed by medical bills that are difficult to manage. It is because of this that the injured party may be able to receive financial compensation from the manufacturer to cover these expenses. This compensation allows the injured party the opportunity to focus on recovering from the accident without worrying about affording added expenses.
Contact our Firm
If you or someone you know was involved in an accident and wish to speak with an experienced attorney, contact the legal team at McNerny & McAuliffe today.