Friday, January 24, 2014

Understanding Product Liability

Under product liability law, a manufacturer may be held liable for providing a consumer with a defective product. If you or a loved one has been harmed by a defective product, you may have legal grounds to seek compensation.

Product liability claims can involve all types of defective items and a variety of factors, but these cases typically involve three main types of defects.

  • Defective Designs. These defects involve flaws in the design that make the product unreasonably dangerous to consumers. The defects are not the result of negligence or errors in the manufacturing process, but rather because the item’s design is inherently dangerous.
  • Manufacturing Errors. Many products are defective because of errors that occurred during manufacturing, and in some cases one batch is dangerous while another is perfectly manufactured. These defects are usually the result of negligence on the part of the manufacturer.
  • Defective Marketing. Even if a product is manufactured correctly, consumers can be harmed by marketing defects. Marketing defects include the failure to warn consumers of potential hazards of using the product, improper labeling, insufficient instructions, and intentional misrepresentation of the product.

Can I file a product liability claim?

If you were injured by a defective product, you may be able to pursue compensation from the manufacturer. In order to hold the manufacturer liable for your injuries and losses, you will need to show that they were negligent. There are five basic elements of negligence that must be proved:
  1. You were owed a duty of care by the manufacturer.
  2. The manufacturer breached the duty of care they owed to you.
  3. The manufacturer’s breach of duty was the actual cause of your injuries.
  4. The manufacturer’s breach of duty was the proximate cause of your injuries.
  5. You sustained quantifiable damages because of the manufacturer’s negligence.
De Castroverde Law Group is dedicated to helping victims of negligence recover the compensation they deserve. Visit our Product Liability page for more information or call our Las Vegas injury lawyers to discuss your case.