Defective Product Injury
- You suffered an injury, a monetary loss, or both. The injury can be either physical or emotional in nature, and your financial losses may exist in actual dollar amounts or consist of such things as loss of earning power.
- The product in question was truly defective. The flaw may trace directly back to faulty design or an error in manufacturing. It could also come down to the manufacturer’s failure to post appropriate cautionary warnings or to provide definitive instructions concerning the product’s proper use.
- The product defect was directly responsible for your injury or loss. The deficiency may be obvious, but unless you can draw an unbroken line between that flaw and your loss or injury, you will not have a case.
- At the time of your loss or injury, you were using the product for its designated purpose and as the manufacturer intended.
If even one of these four elements should happen to be missing, your chances of winning a lawsuit are slim. However, when you can establish every one of them, successful litigation is within your grasp, and the personal injury lawyers at Weiner Law Group can help you mount your case.
Product Defects Due to Faulty Design or Manufacturing Error
Proving that a product’s defect arose from manufacturing errors is often relatively easy, particularly when you can show that its fabricators strayed from the product’s original plans and specifications in an apparent cost-cutting effort. However, if you hope to lay blame for your harm solely at the feet of the product’s fundamental design, you may have a somewhat tougher row to hoe. Success will then entail establishing things like serious flaws in the original concept or inappropriate materials designed into its construction.
It is also a fact that some products, while inherently dangerous, are not unreasonably so. Such objects as knives, ladders and automobiles will always present a potential for disaster, but there is a certain expectation that consumers understand that and will use these things with intelligence and appropriate caution.
When the Manufacturer Fails to Warn of Hazards
While the dangers in some products will or should always be obvious, many are not so readily apparent. They will often trace back to an unconventional product design, and in the absence of adequate warning or notice, the average consumer may understandably have no idea that they exist. Liability in cases like this will depend largely upon whether the manufacturer or supplier did or did not provide sufficient and adequate warning concerning a hazard that they should have known existed.
Proving That the Product Defect Caused Your Injury
While it is often easy to establish that the harm you have suffered resulted from a defect in the product, that alone will not be enough. You will also have to prove that at the time of your injury, you were using the product either exactly as the manufacturer intended or as any reasonable person could expect it to be used. If you employed the item in a manner that was ill-considered, wildly inappropriate or in direct violation of printed warnings, you have very little chance of winning your case.
Defective Products and Compensatory Damages
In any personal injury suit, compensatory damages seek to indemnify the plaintiff for harms and injuries sustained. A successful suit accomplishes this feat by assigning a monetary value to each of the related losses. In this way, the court attempts to remunerate the plaintiff in an amount that it deems equal to the severity of the injury.
Potential damages for a successful defective product lawsuit can be either economic or noneconomic in nature. Economic losses include such things as:
- Disability costs.
- Loss of wages, income or future profits.
- Medical expenses.
- Property damage.
Noneconomic losses, on the other hand, incorporate such things as pain, suffering and emotional anguish to which it can be difficult to attach a dollar amount. The value of such losses can vary widely from one case to another, and attorneys will often base their estimates on similar amounts awarded in past cases. However, when the extent of your injuries negatively affects your marital relationship, your spouse may be entitled to damages for loss of consortium.
Getting Help with Your Defective Product Case
If you are not sure whether your intended defective product case will meet the minimum requirements of a successful lawsuit, the products liability attorneys at Weiner Law Group can help you sort it out. We have successfully litigated numerous claims of personal injury due to product defect, and we are proud of our record for having helped our clients win compensation for loss of earnings, medical costs and other pertinent hardships. If a defective product has caused you harm, call Weiner Law today for a free consultation.