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Defining a Defective Product

If you have been injured by what you suspect is a defective product, it is important to establish that the product meets the definition of ‘defective’ under the law. There are a number of elements in determining whether a product is defective before an injured party can successfully sue for compensation. 

Manufacturing Defect

A defective product may result from poor design or manufacturing errors. Low quality material or craftsmanship can lead to products reaching the consumer marketplace with dangerous defects that can cause injury even when the product is used as intended. If you have suffered injury due to a defective product, seeking legal advice is the first step toward claiming compensation for any losses or damages. 

Design Defect

A design defect exists before a product even reaches the point of manufacture. A product with a defective design is inherently dangerous and can lead to injury. There is an implied warranty that exists when a consumer purchases a product.  The question of whether the benefits of the product are outweighed by the risk of use may arise in a case involving a defective product that does not meet reasonable safety expectations. 

Marketing Defects

Also known as “failure to warn,” this element of product defect involves providing the end user with sufficient safety instructions and warnings. Some products, such as chain saws and other power tools, are inherently dangerous, even when they are being used for their intended purpose. Proper instructions and warnings should be included to provide consumers with sufficient information for safe use of the product. 

Economic and Noneconomic Losses

Consumers may suffer economic or noneconomic losses resulting from an injury caused by a defective product. These losses may include the cost of medical treatment, lost wages and noneconomic losses due to pain and suffering. You are entitled to seek compensation for damages when you attempt to establish a defective product was not designed, manufactured or marketed correctly. 

Defective Product Lawsuits

If you wish to pursue a lawsuit related to a defective product, it is important to gather evidence to support your case. How a defective product claim plays out will hinge upon the pertinent elements existing in the product and how it was used prior to an injury occurring. If you suffered injury from a defective product, it is essential to receive support from a qualified personal injury lawyer. 

The firm of H. Lehman Franklin, P.C., has provided representation to clients who have been injured by defective products. We understand the applicable laws in the state and can help you gather relevant evidence and fight for fair compensation. A defective product that was recalled may result in a class action lawsuit. If you have any questions about adding your voice to the list of injured parties, H. Lehman Franklin, P.C., can provide a free consultation. 

Call our offices today, at 912-764-9616, or email info@hlfranklin.com to learn more about product liability and how it applies to your case.