We use products every day at home and at work. However, products can be dangerous and cause injuries due to a defect in their design or a problem during the product’s manufacture. If a product injures you, you may be able to receive compensation for your injuries from the product’s manufacturer and the retailer that sold the product to you. However, you should discuss the case with a Gwinnett and Marietta personal injury attorney prior to filing a lawsuit.
A product defect is a problem in the product’s design the makes the product unsafe. The defect may occur in the design, in the construction of the product, or a product can have a defect for failing to warn users of a known risk of using the product. If the manufacturer of the product creates an unreasonably dangerous product, you may be able to file a lawsuit against the manufacturer arguing strict liability. In a strict liability action, if the product is found to be unreasonably dangerous, the plaintiff does not have to show the manufacturer was negligent or a design or manufacturing defect exists.
To file a lawsuit against the product’s manufacturer based upon a manufacturing or design defect outside of strict liability, the plaintiff must show that the manufacturer was negligent. For example, if the plaintiff is asserting the manufacturer was negligent in designing a product, the plaintiff will need to show that the manufacturer had a duty to manufacture a safe product when the product is used in its intended way. If the manufacturer placed the item in the marketplace to sell, the manufacturer has a duty to take reasonable steps to prevent injury or harm to an individual using the product. Reasonable steps to ensure the product is safe can include extensive safety testing of the product and monitoring any complaints or injuries that occur along with use of the product. Finally, the plaintiff must show the manufacturer’s failure to take reasonable steps to create a safe product caused the plaintiff’s injury.
However, keep in mind that filing a lawsuit against a large company or retailer will not be easy. Large companies usually have an extensive legal department that includes many resources to challenge a product defect claim. Therefore, it is essential that you work with a Marietta and Gwinnett personal injury attorney who has experience in product defect litigation.