Product liability revolves around the responsibility held by manufacturers, distributors, and retailers to ensure that their products do not cause harm. At the core of product liability claims are three main legal principles: negligence, strict liability, and breach of warranty. Negligence requires proving that the manufacturer failed to take reasonable care in the creation or distribution of a product. Strict liability, on the other hand, simplifies the process by removing the need to establish negligence, focusing solely on the presence of a defect.
Design Defects
Understanding the types of defects is crucial in navigating product liability claims. Design defects are inherent; they exist before the product is manufactured and imply that the design itself is inherently unsafe.
Manufacturing Defects
Manufacturing defects occur during the construction or production of the item and often affect just a few products in a line.
False Advertising
Marketing defects, or failure to warn, arise when products are not properly labeled or come with insufficient instructions or warnings, potentially leading to misuse by consumers. Each type of defect requires a unique approach in legal proceedings, and examples range from faulty medical devices to children's toys that pose choking hazards.
Establishing the Basis for a Claim
One of the first steps in a product liability case is establishing a valid basis for the claim. When it comes to proving negligence, the plaintiff must demonstrate that the manufacturer did not exercise a reasonable standard of care. This involves showing that there was a foreseeable risk of harm that could have been avoided with proper care in the design, manufacturing, or distribution of the product. Evidence in such cases may include internal emails showing a lack of testing or a history of similar complaints about the product that went unaddressed. The burden of proof can be heavy, but it is essential for holding companies accountable for their oversights.
Contact Our Attorneys
If you or someone you know has been injured by a defective product, it's essential to seek legal counsel to explore your options. At Shamberg, Johnson & Bergman, our experienced attorneys are well-versed in the nuances of product liability law and are committed to advocating for your rights. We understand the impact that a defective product can have on your life, and we're here to help you secure the compensation you deserve.
Contact us today to schedule a consultation and take the first step towards justice.