In your daily life, you likely come into contact with hundreds of products, from your coffee maker and toothbrush to your cell phone and car. The last thing you expect is one of these items to malfunction and inflict injury. However, this is a reality for millions of Americans each year. Understanding who can face liability for injuries caused by defective products is crucial to recovering compensation. If this reflects your circumstances, you’ll want to keep reading to learn how you can pursue justice for the harm you’ve experienced with the help of the product liability attorneys at Friedman Schuman.
What makes a product defective?
Generally, a product is deemed defective when it has something inherently wrong with the design or manufacturing that makes it unsafe. A design flaw occurs in the product’s conception, such as a hair dryer that catches fire when set to the highest setting. These are essentially built into the product. A manufacturing error, on the other hand, turns a safely designed product into a dangerous one as there is an issue with the production. This could be something as seemingly insignificant as forgetting to tighten a single screw.
It’s also important to note that products can be deemed unsafe if they are marketed incorrectly. Essentially, this means if a product does not have the proper warning and safety labels, it can lead to injury.
Though some products can cause injury, it is not always because of a defect. For example, if you are cutting a vegetable and the knife slips on the skin of the produce, resulting in you cutting yourself, this would not be a defect. This is because there is nothing wrong with the product, but rather, the injury was an accident and inherent risk you assumed by using it.
Who can face liability for injuries caused by defective products?
If you are injured by a defective product, understanding who can face liability for these instances is critical. Generally, the manufacturer and designer can face liability, as they are responsible for designing and producing the item. However, they are not the only entities that can endure a lawsuit.
Retailers who sell the product can also face a lawsuit. Though they aren’t responsible for creating the product, they must ensure the items they put on their shelves are safe for consumers to purchase. Additionally, if a product is recalled for safety reasons, the retailer must remove it from their shelves and take down online listings to prevent purchases. Failure to do so is illegal.
When you sustain injuries caused by a defective product, it can impact your life for years. As such, ensuring you recover the compensation you deserve is critical. At Friedman Schuman, our dedicated team understands how challenging it can be to fight big companies. That’s why we’re committed to fighting for you every step along the way. Contact us today to learn how we can help you through these challenging times.
