Product Liability Lawyer
Product liability law protects consumers against products that are defective and pose an unreasonable danger. Defective products—such as faulty auto parts–can cause serious injury and harm. In a product liability case, the parties responsible for creating or releasing a product can be held liable for damage caused by that product. This could potentially include any company involved in the design, manufacturing, or sale of a product.
Litigation for product liability may seem complicated, but attorneys at William Mattar have the knowledge and experience necessary to tackle these cases. If you’ve been injured by a defective product, you may be entitled to compensation for your injuries. Contact us today by calling (844) 444-4444, or by filling out our free online consultation form. We are standing by 24/7 to help.
Types of Product Defects
There are a few different types of product defects that are categorized under federal law.
- Manufacturing: A manufacturing defect can occur as a result of an error in the assembly or construction of a product. In some of these cases, the manufacturer can be liable for a defect that occurred during the manufacturing process.
- Design: A design defect is an error in the intended design of a product. This type of defect is present prior to the manufacturing process, and generally impacts all versions of the same product. A design defect may be a component of a product that is “unreasonably dangerous” or hazardous for users. In a product liability case involving a design defect, to prove liability the injured person must establish there is a flaw in the design of the product.
- Marketing: A marketing defect refers to an error in the way a product is presented or marketed. This type of defect can include inadequate instructions or a “failure to warn” customers of a potential hazard related to the product’s use.
If you’ve been injured by a product that included one of the above defects, you may be able to pursue legal action. Call the defective product liability lawyers at William Mattar Law Offices today to tell us about your particular case.
Failure to Warn
Those who design, manufacture, or distribute a product may have a legal duty to warn customers when that product could potentially cause harm. This can be done through warning labels, instruction manuals, or other product-related information. If a manufacturer fails to do this, resulting in an injury, it is known as “failure to warn,” which can give rise a product liability claim.
Warning labels inform consumers of certain aspects of the product that can cause harm. A well-known example of this are the “Choking Hazard” labels found frequently on children’s toys containing small parts. Likewise, product instructions show customers how to use an item properly. If a product does not contain warning labels or instructions, and warning labels or instructions may have prevented the injury, that can give rise to a claim.
Product Liability Cases
Product liability cases can adhere to one of at least three legal theories: strict liability, negligence, or breach of warranty. Your personal injury attorney can analyze the details of your case and help determine which theory may apply. Details surrounding a specific defective product, how it was used, and the injury caused may all play a role in the type of theory applied in a product liability case.
A product liability case can be based on negligence. This theory says that a person or company failed to exercise a “level of care” that an ordinary person or company would under the circumstances. For instance, a manufacturer may be negligent if they failed to warn the consumer of a product hazard, and that hazard could result in injury.
Strict liability is often applied in product liability cases. Under New York law (Pattern Jury Instruction 2:120), a manufacturer, wholesaler, distributor, retailer, processor of materials, or maker of component parts that sells a product in a defective condition is liable for injury that results from the use of the product when the product is used for its intended or reasonably foreseeable purpose.
Breach of Warranty
Breach of warranty can be “implied,” “expressed,” or “of fitness.” In this type of case, a manufacturer has provided a warranty that a product performs in a specific way. If the product does not perform as warranted, the manufacturer may then be liable for the injury.
What is a Class Action Lawsuit?
Product liability lawsuits can be filed by an individual who was hurt by a defective product. A class action lawsuit, on the other hand, may be filed on behalf of many people who suffered an injury caused by the same product. In addition to defective products, medication and medical devices, business scams, and environmental hazards are frequently the subject of class action lawsuits. If a class action lawsuit is successful, those involved can receive a monetary settlement.
Contact a Product Liability Attorney
If you’ve been seriously injured by a defective product, don’t hesitate to call the defective product liability lawyers at William Mattar Law Offices today. Let us fight on your behalf to get you the compensation you deserve. Call (844) 444-4444 today to get started.