What is Product Liability?
Product designers, manufacturers, and distributors have a responsibility to produce and sell products that are reasonably safe for consumer use. If you were injured or your loved one was killed as a result of a defective or dangerous product, you have the right to take legal action against the liable party. Because product manufacturers and distributors are automatically assumed to have a duty of care to the public, you do not need to prove negligence in order to pursue a product liability.
You will, however, have to prove that the product in question was unreasonably unsafe for its intended use and that you were using the product correctly and without modifications when the accident/injury occurred. Banker Law Group, P.C. has extensive experience handling complex product liability claims on behalf of injured Alaskans. We have successfully resolved thousands of claims and, with past experience in insurance defense, we know how to present your case to the insurance adjuster in a way that is designed to get results.
Types of Product Defects
Generally speaking, there are three ways in which a product can be defective. Whether it's a defective car part, like a tire or airbag, or a faulty medical device, such as a hip or knee replacement, nearly all defective products fall into at least one of these three categories. The three types of product defects are:
- Defective Design: When a product is designed in such a way that it is inherently unsafe, even when it is used as intended, it has a design defect. Examples of defective design include SUVs that tip over easily at low speeds or power tools that lack adequate safety measures.
- Defective Manufacturing: A manufacturing defect occurs during the production phase when a mistake causes certain units to become defective. Examples include medications that are contaminated during manufacturing or children's toys that are manufactured with toxic glue.
- Defective Labeling: Labeling defects occur when a product is safely designed and manufactured but lacks proper warning labels or instructions. Examples of defective labeling include hairdryers that are missing electrocution warnings or medications that fail to list all possible side effects.
Why You Need an Attorney
In some cases, it may be obvious that your injuries were caused by a defective product. In other instances, however, it can be more difficult to prove that a faulty product was the cause of your injuries. This might be the case if you are in a single-vehicle car accident wherein you suddenly lose control of your vehicle; a defective part may be the cause of the incident. Similarly, if you begin to experience complications, such as pain or infections, following a medical procedure to implant a device, you may not realize that the medical device itself is defective.
Injured? Call Our Firm for a Free Consultation
It is important that you speak to an experienced attorney if you believe a defective product may have led to your injuries or the death of your loved one. A product liability attorney will be able to provide you with sound legal guidance and ensure that you are fully aware of all your rights.