What to Do if You Sustained Injuries Because of a Defective Product
All consumer products go through various quality checks before they are introduced to the market. No brand would want to harm its reputation because of a faulty product. Despite the extensive checks and restrictions, defects happen and can cause massive damage to consumers.
These defects can result from either mistakes in the manufacturing process or the design process. At times, it can even be the marketing professionals’ negligence that results in a failure to highlight important instructions and side effects.
In every scenario, the most affected population is the consumer. Many people are unaware and do not take any action when they sustain injuries caused by a defective product. Here, we will brief you about the steps you can take if you encounter a similar situation.
Key Facts About Product Liability in Philadelphia
In most cases, the seller and manufacturer are responsible for product defects. Product liability covers issues relating to defective products or goods that have been tampered with. According to the law, the manufacturer, seller, or marketing team may be held responsible for any injuries that a product causes.
Facing injuries, damages, and other kinds of losses as a result of using defective products may qualify you for compensation. Many consumers consult Philadelphia product liability attorneys to fight against the negligent parties and to seek appropriate compensation for their injuries.
A defective product can pose a threat to your health. It can even affect your ability to function and live a normal life. This is why it is important to take proper legal actions and fight for your rights.
Types of Defective Product Liability Claims in Philadelphia
If you have been injured due to another party’s negligence, you may be entitled to compensation. It is good to know about the types of incidents for which you may be eligible to file a claim. The range of product liability cases can be broad, but they are usually divided into three main categories:
- Manufacturing defects
- Design defects
- Defects in the marketing of the product
Here, we have explained all three types of product liability cases to help you better understand the injuries you may have incurred.
- Manufacturing defects: Defects in manufacturing are quite common, and there have been many instances in which manufacturing defects have caused substantial consumer injuries. In this type of defect, the error generally occurs at the factory, while the product is being produced.
This is why quality control processes during the manufacturing stage are so important: to catch defects before the products hit the market. For example, a cough syrup containing toxic levels of a medication or a faulty part within a car’s brake system could be examples of manufacturing defects.
- Design defects: Design defects can occur even before the manufacturing and production stages begin. These types of defects come into play when the product is initially designed and contains conceptual flaws.
Proving that a design flaw exists is important to winning a related claim. You can consult one of the experienced product liability attorneys in Philadelphia to learn more about the steps you can take to recover compensation.
- Defects in marketing: Failure to provide warnings and proper instructions can cause a product to be unnecessarily hazardous for consumers to use. The product marketers have a duty to inform potential customers about how to properly use the product and associated risks.
Certain products, if used improperly or too frequently, can have a negative impact on a person’s health. Therefore, it is essential for product marketers to inform customers with comprehensive instructions and warning labels. If the marketers erroneously omit important information, the brand and the team may be liable for any resulting injuries.
Proving Fault in a Product Liability Case
Before you proceed and take legal action, it is important for you to be familiar with the law and basics. Here are a few tips that you should keep in mind to make your case strong.
- A product liability claim requires that the victim incur an injury or face damages due to a defective product.
First and foremost, you will have to prove that you sustained injuries or suffered losses because of a product defect. For example, if a refrigerator explodes because of flaws in its motor, you may incur burn injuries and damages to your home. It could be a manufacturing or a design product, and you should consult a Philadelphia product liability attorney to take action against them.
- The victim should have proof that the product caused their injury.
You will also have to prove that the product was the direct cause of your injury. It could be any of the three defects that we have discussed above. Your lawyer can help you collect evidence to prove defects related to manufacturing, design, or failure to warn.
You should seek immediate medical attention and keep all the medical records to prove this. The medical evidence can help you prove that the product caused your injuries.
- The victim was using the product according to the instructions and in a manner that a similarly situated reasonable person would.
At times, injuries can be the victim’s fault if they use a product without carefully following the instructions. Be sure to read all instructions that are provided, as well as the product label and other important details. When you begin using a product without reading the instructions, you may miss important information that can keep you safe.
Schedule Your Free Consultation at the Law Offices of Samuel Fishman
Schedule your free consultation today by calling the Law Offices of Samuel Fishman. When you are ready to learn more about our services, we will be happy to schedule a time that works for you to explain about what we can do for you.
Samuel Fishman is a Philadelphia product liability lawyer who focuses his practice on injuries resulting from medical devices and pharmaceuticals. He helps both patients and professionals who have been injured by defective medical products.