When you purchase any product you should have a reasonable expectation of safety. However, that is not to say a product is defective in design or manufacture if harm results from its use. Product injury claims arise due to negligence, breach of warranty, or strict liability. It is important to establish one or more of these conditions in order to pursue a successful claim for compensation.
Negligence may occur during any stage of the production process, from design through to manufacture. Some products have greater capacity to cause harm than others, so reasonable care would include stricter controls in the manufacture of those products. In order to hold any party or parties responsible of neglect in a product injury, it must be shown within reason there was a breach in care, which contributed to the cause of injury.
A warranty acts as an express contract between the provider of a product and the consumer. The provider may include the company that manufactures the product or a vendor who sells the product. Literature, such as salesperson statements, documentation supplied with the product, or advertising materials are considered types of express warranties. A warranty is implied even in cases where the consumer uses the product as intended and suffers product injury as a result.
If a product is defective and causes injury, manufacturers or suppliers are held responsible under strict liability. In these cases, the consumer need only prove the product is was defective and caused damage to property or personal injury. However, the defect must also be shown to have existed before the product was sold to the consumer.
There are also three different types of defect when it comes to product injury. A design defect refers to a class of products, rather than an individual item. Recalls on products typically relate to a batch or entire product line that is defective by design and poses a risk to the user. A manufacturing defect may refer to a single, batch, or entire class of products. Products that are hazardous, or otherwise pose a known risk, must include sufficient warnings and instructions for use. If this information is not provided by the manufacturer, it is considered a “failure to warn” defect.
Personal Injury Claim
If you suffer a product injury you may be entitled to compensation from the manufacturer or vendor who sold you the product. It is important to consider speaking to a personal injury lawyer before discussing your case with a representative from the manufacturer. At H. Lehman Franklin, P.C. our lawyers have extensive experience in providing clients with excellence in consultation and representation in claims relating to product injury.
Reach out to the offices of H. Lehman Franklin, P.C. in Georgia on (912) 764-9616 to discuss the details of your case and ask our legal team about a consultation at your home. Alternatively, you can email at email@example.com to request a consultation. We are committed to helping clients receive a fair amount of compensation for the injuries they have suffered through no fault of their own.