PRODUCT LIABILITY
Every year thousands of people are injured or killed by defective
products. Many of these injuries are caused by products manufacturers
know are dangerous when they are put on the marker. When manufacturers
design a product, they must meet specific safety requirements and
comply with regulations meant to protect consumers. Testing and
quality control measures are employed to protect a company from
liability – and people from injuries.
As consumers, we trust that the products we buy will function exactly
as advertised. After all, manufacturers claim their products are
totally safe if instructions and warning labels are followed properly.
So when bodily injury or other damage occurs because of a defective
product, those responsible should be held accountable. The basic
idea underlying product liability law is that the companies providing
the products are usually in the best possible position to prevent
defective products from entering the marketplace, so if they fail
to do so, they should be held accountable.
The victim of a defective product may choose to take action in
the form of a “product liability lawsuit”. In order
for there to be grounds for a claim, the defective product must
have caused damage or injury to the person using the product as
a result of its manufacturing, design or inadequate warning label.
Several parties may potentially be held accountable for the product
defect, including the manufacturer, wholesaler, retailer, assembly
facility and others.
In most cases, product liability lawsuits must be filed within
two years of the injury. So it is very important to act quickly.
The following are some helpful steps to follow prior to pursuing
your claim:
1. Document all information about the product, the store at which
it was purchased, the date of the purchase, and the date and circumstances
of the injury.
2. If at all possible, take photos of the product, the injury and
the location of the injury.
3. Keep documentation on any time lost at work due to the injury.
4. Save the product after the injury, and do not tamper with it
in any way.
All documentation, photos and the product itself should be given
to a qualified attorney with a strong track record of success in
handling product liability cases. It is imperative that a “chain
of custody” be established immediately and that the product
be secured without any tampering or changing. UNDER NO CIRCUMSTANCES
SHOULD YOU ALLOW A MANUFACTURER OR INSURANCE COMPANY TO TAKE CUSTODY
OF THE DEFECTIVE PRODUCT OR TO PERFORM “TESTING” OF
IT!!
Click
here to contact Kimberly A.
Stovall, the Dallas Personal Injury Attorney Who Cares!
FREQUENTLY ASKED QUESTIONS REGARDING
PRODUCT LIABILITY CLAIMS
Q: WHAT DOES “DEFECTIVE PRODUCT” MEAN?
A: A defective product is a product that injures or causes harm
to a person as a result of poor design, defects, labeling or the
way the product is used. Defective products can be anything from
a small toy to air bags that don’t deploy in an accident.
Q: HOW DOES A PRODUCT LIABILITY CASE DIFFER FROM A GENERAL
NEGLIGENCE CASE?
A: The product defect as a basis for recovery shifts the focus
from that in a negligence case. The care taken by the supplier of
a product in its preparation, manufacture, or sale is not a consideration
in strict liability, whereas it is the ultimate question in a negligence
action. Strict tort liability focuses on the product itself and
determines whether it is defective.
Q: WHAT ARE SOME COMMON EXAMPLES OF DEFECTIVE PRODUCTS?
A: Some of the more common situations involve the following:
• Tire blowouts
• SUV rollovers
• Electrical fires
• Defective design
• Recalled products
• Inadequate warnings
• Hidden sharp objects
• Injuries due to unsafe toys
• Defective medical devices
• On the job injuries due to defective machinery
Q: WHO IS RESPONSIBLE FOR A DEFECTIVE PRODUCT?
A: The manufacturer, the reseller or someone who repaired a product
can be held liable.
Q: WHAT ARE THE GROUNDS FOR A DEFECTIVE PRODUCT CLAIM?
A: In general, there are three types of defects:
1. Manufacturing Defect: the product is designed properly, but
some component of manufacturing makes the product unsafe.
2. Design Defect: the actual design of the product makes the product
unsafe. This also applies to packaging (for instance, a child proof
pill bottle that opens easily).
3. Insufficient Instructions or Warnings: the product may be safe,
but without proper instructions, consumers may suffer injury.
Q: WHAT TYPE OF DAMAGES CAN I EXPECT TO RECOVER?
A: There are several types of damages:
1. Compensatory Damages: This type of damage covers your medical
bills, lost wages and property damage.
2. Pain & Suffering: These type of damages are awarded for
the pain you endured as a result of your injury.
3. Loss of Consortium: These damages are aimed at compensating
you for the effect your injury has had on your relationship with
your spouse.
4. Punitive Damages: If the court finds the Defendant so negligent
or otherwise apathetic of their customers’ well-being, the
court may award punitive damages in order to dissuade such behavior
in the future.
Q: WILL IT AFFECT MY CASE IF I USED THE PRODUCT IN A WAY IT
WASN’T INTENDED?
A: Manufacturers are accountable for foreseeing possible product
misuse by consumers. They are also required to warn consumers about
potential dangers if the product is used in a manner not intended.
Q: How much does it cost for Kimberly to meet with me and evaluate
my case?
A: Kimberly will not charge you anything for an initial consultation
and, if she takes your case, she will take it on a contingency fee
basis. You don’t have to pay anything up front and Stovall
& Associates only gets paid once your case is won or settled.
Click
here to contact Kimberly A.
Stovall, the Dallas Personal Injury Attorney Who Cares!
PRODUCT LIABILITY LINKS
Consumer Product Safety Commission (CPSC)-
ww.cpsc.gov
• Official Federal Agency website, including recalls, reports,
alerts, and product safety news. This Commission is charged with
protecting the public from unreasonable risks of serious injury
or death from more than 15,000 types of consumer products.
Recalls –
http://www.recalls.gov
• Official U.S. Government website that includes recalls
from various Federal Agencies.
Click
here to contact Kimberly A.
Stovall, the Dallas Personal Injury Attorney Who Cares!
Martindale-Hubbell, the nation's premier law directory, has given
Kimberly A. Stovall its highest rating: "A.V." - the very best.
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