Millions of products are on the shelves, and the manufacturers have a duty to ensure products are safe. Unfortunately, manufacturers place too much effort into getting profits instead of keeping people safe. A defective product’s worst outcome is death, which has become all too common.
Manufacturers are taking more considerable risks and not considering safety. A product should never cause injury or illness. If it does, you need a personal injury lawyer in Marion from Gatti, Keltner, Bienvenu & Montesi, PLC to hold manufacturers accountable for your loss.
Common Types of Defective Products
Anything you buy can cause you harm and is susceptible to a product liability claim. Unfortunately, after decades of handling product liability cases, some products have become notorious for defects. Our top product liability cases include:
- Dangerous chemicals
- Defective medical products and devices
- GM ignition switch
- Unsafe motor vehicles
- Dangerous pharmaceutical drugs
- 3M Combat Arms Earplugs
- Defective safety equipment
- Defective power tools
- Dangerous children’s toys
A product defect can happen when using something as mundane as a household cleaner. You can suffer harm from pharmaceutical drugs that are supposed to help you. DO NOT dispose of the defective product.
The product is a vital piece of evidence. If you are unable to preserve the product, you must work with your Marion product liability lawyer.
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What Makes a Product Defective
When you file a product liability claim, you must prove the product was defective or unreasonably dangerous. There are three types of product defects, but you only need to prove the existence of one in your claim:
- Design: Before a product is manufactured, a designer or team will lay out the function, use, and design. If there is a design defect, it is always defective, even before production.
- Manufacturing: During production, thousands of these products are made perfect, but all it takes is one item in the line to have a defect. These defects are few and can affect a small portion, but they are very dangerous.
- Marketing: Consumers find out about products through marketing efforts, and if there is an error, it places consumers in danger. Common marketing defects happen through false advertising, inadequate instructions, and a lack of safety labels.
There is a lot of room for error and many ways you can suffer an injury by using a product. Talk to our product liability lawyers today.
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Injuries from Defective Products
You can suffer a range of injuries from using a defective product since so many products are on the market. Depending on the situation, you can suffer minor or catastrophic injuries, and many can leave you with permanent scars. There is also an emotional toll, and you can suffer psychological trauma after an injury from a defective product.
Some injuries our product liability attorney in Marion sees include the following:
- Broken bones
- Neck and back injuries
- Loss of limb
- Eye injuries
- Cuts and lacerations
- Internal organ damage
- Head trauma
- Spinal cord trauma
These injuries can lead to years of pain and long-term recovery plans. You will be unable to work during your recovery, especially if you have a catastrophic injury requiring surgery. You may permanently lose your ability to hold a job, negatively impacting your life.
Call a product liability lawyer in Marion, AR, today.
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Who Is Liable for Defective Products
Developing a product and getting it into consumers’ hands takes a long time. It will pass several phases and inspections before it gets to you. There are pros and cons to one product exchanging many hands.
A pro is that more eyes can review and ensure the product is working. The con is miscommunication and determining where the mistake occurred. Consumers can suffer harm when one of the following parties is negligent:
- Product assembler
- Product installer
- Wholesale or distributor
- Retail store
- Manufacturer of a part
The products must be marketed correctly and not just made properly. You can have a product made appropriately, but the marketing shows people doing activities that are not intended for use. You must use the product as the manufacturer designed for a successful product liability case without changing the original parts.
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Defining Strict Liability
All personal injury cases involve the law of negligence, but product liability cases also consider strict liability. If you are trying to prove a product defect case, you must prove the following:
- There was a defect (manufacturing design or marketing).
- You were using the product as intended when it caused you injury.
- You did not make any changes to the product.
While these issues can seem obvious or redundant, the defendant will harp on them extensively. When an entity makes a product available to the public and causes harm, it must be held accountable by a Marion product liability attorney.
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Compensation in Product Liability Cases
Pursuant to the client’s injuries and losses, a Marion product liability attorney will seek economic and non-economic damages. There are differences between the two types, economic damages help you recover monetary losses, and non-economic damages focus on mental anguish and emotional trauma.
You can recover damages for:
- Emotional distress
- Loss of enjoyment of life
- Medical expenses
- Lost wages
- Loss of earning capacity
- Out-of-pocket expenses
- Medication and transportation costs
- Pain and suffering
- Occupation, physical or psychological therapy
One outcome that no one wants or expects is the death of a loved one. The next of kin can file a wrongful death claim citing a defective product, which can garner compensation for:
- Loss of income
- Loss of companionship
- Loss of household contributions
- Funeral and burial services
- Medical expenses from the product
Call Our Product Liability Lawyers Today
Since 1970, Gatti, Keltner, Bienvenu & Montesi, PLC, have been helping consumers recover compensation after a faulty or unreasonably dangerous product causes harm. We work hard to protect your interests, and defendants in these cases are keen on minimizing their losses while you continue to suffer losses. They will deploy various tactics to find ways to deny you the compensation you need.
Discuss your options and potential damages with a product liability attorney in Marion, AR, at GKBM today. Call our Marion office to schedule a consultation today.