If you’ve read or seen Fight Club, you undoubtedly remember the scene when the narrator is on the plane, explaining that he works for a car manufacturer and helps them decide whether or not it’s cheaper to do a recall, or just pay the lawsuits. Though that might seem like something that would never happen in the real world, it isn’t unusual for companies to put unreasonably dangerous products on the market, unintentionally or otherwise. Oftentimes, those who have been harmed by these products are forced to find an injury attorney to help them get the compensation they need.
What Is Product Liability?
Product liability is the liability that comes with every stage of a product’s creation. If it sounds vague and nebulous, don’t worry; you don’t need to be an injury attorney to understand it. Product liability is actually pretty simple: when a product is unreasonably dangerous when being used as intended, the parties who made that product could be liable for the injuries the product causes a person. For example, if your heating pad suddenly bursts into flames when you’re using it as directed, that’s unreasonably dangerous. It’s important to note that any party that had a hand in the product’s creation can be liable. It all depends on what caused the product to become unreasonably dangerous.
Manufacturing Defects
Manufacturing defects occur when there was some error in the product’s manufacturing that caused the product to become unreasonably dangerous. Let’s say there was some error when your phone was being assembled in a manufacturing plant. Due to this error, your phone overheats and is a fire hazard. If your phone injures you by catching fire while in your pocket, you may be entitled to compensation for your injuries. In cases such as the aforementioned, an injury attorney would help investigate your claim. If they could prove that an error in the manufacturing stage of the product’s development caused the product to become unreasonably dangerous, the manufacturer could be liable.
Design Defects
Design defects occur when there’s something about the product’s design that causes the product to become unreasonably dangerous. Certain car manufacturers have put out cars that have become explosive in rear end collisions due to the placement of the gas tank. In cases such as this, no cars were manufactured incorrectly, it’s just that they were poorly designed. In fact, a poor design is an understatement: legally, their design makes them unreasonably dangerous. Just a few years back, Snapchat’s speed filter was pulled for this reason. When users were using the filter as designed, it was unreasonably dangerous. Though warned not to, users used the app to clock their speeds while driving. This has caused numerous completely preventable deaths and countless injuries.
Marketing Defects
Marketing defects occur when there’s something about the way the product is marketed that makes it unreasonably dangerous. But, a personal injury attorney will warn you not to get caught up on the word marketing. Injury attorneys will tell you that marketing is not just the way a product is advertised—although it can include this. Here’s a good example of a marketing defect: let’s say you have an adult sized chair. However, the chair only holds 80lbs. If there are no warnings that the chair cannot hold the average weight of an adult, that’s a marketing defect. All products need to have adequate safety warnings and instructions.
Is It Time to Contact an Attorney?
If you’ve been injured by a product, the first step is calling a personal injury attorney and telling them your story. It may be difficult to pinpoint exactly what went wrong that caused the product to become unreasonably dangerous. If you were injured by a product, but you don’t know whether or not you have a product liability case, don’t worry. A personal injury attorney can help you figure out whether or not you have a claim. The personal injury attorney may help investigate the product that has potentially injured you. During this investigation, the attorney would hopefully uncover at what stage in the product’s development has become unreasonably dangerous.
Getting Legal Advice
If you’ve been injured, do not hesitate to contact a personal injury attorney near you. Having legal representation can be the difference between an inadequate settlement check and a settlement that can pay all your medical bills, attorney’s fees and even leave you something in your pocket. Personal injury attorneys usually give their clients free consultations to help them decide whether or not they should file a claim. They also work on contingency, meaning they don’t get paid if you don’t win compensation. If you have been injured, contact a personal injury attorney today.
