Injuries caused by defective products are all too common. But when it comes to who’s liable for those accidents, things can get complicated.
There are several different parties who could potentially be held responsible, including the manufacturer, the seller, and even the person who installed the product.
To help you better understand who’s liable in a defective product accident case, we’ve put together this comprehensive guide.
The Different Types of Product Liability Claims
There are three main types of product liability claims: design defects, manufacturing defects, and marketing defects.
Design defects are present in the product from the very beginning. In other words, the defect is built into the product’s design and can’t be fixed or corrected.
An example of a design defect would be a car with a faulty brake system.
Manufacturing defects, on the other hand, occur during the manufacturing process. These defects can be caused by several things, including poor quality control, incorrect assembly, and use of defective parts.
An example of a manufacturing defect would be a toy that contains lead paint.
Marketing defects, also known as labeling defects, occur when a product’s packaging or labels are misleading. These defects can make a product appear to be safe when it’s actually not.
An example of a marketing defect would be a bottle of cleaning solution that is labeled “non-toxic” but actually contains harmful chemicals.
Who Is Liable for Defective Products?
The answer to this question depends on the type of defect.
If the defect is a design defect, then the manufacturer can be held liable.
If the defect is a manufacturing defect, then the manufacturer, the seller, and even the person who installed the product can be held liable.
And if the defect is a marketing defect, then the manufacturer and the seller can be held liable.
It’s important to note that in some cases, more than one party can be held liable for a defective product.
For example, if a car has a design defect that results in a crash, then the car’s manufacturer can be held liable. But if the car also had a manufacturing defect, then the person who assembled the car can also be held liable.
Benefits of Working with a Defective Product Attorney
There are many benefits to working with a defective product attorney. An experienced attorney can help you:
1. Determine if You Have a Valid Claim
A defective product attorney can help you determine if your claim has a chance of success. If your claim is likely to succeed, then the attorney can help you file a claim. If your claim is likely to fail, then the attorney can explain why and help you decide if you should file a claim anyway.
2. Determine Who Is Liable
A defective product attorney can help you determine who is liable for your injuries. In some cases, more than one person or company can be held liable. For example, if a car has a design defect that results in a crash, then the car’s manufacturer can be held liable. But if the car also had a manufacturing defect, then the person who assembled the car can also be held liable.
3. Gather Evidence
A defective product attorney can help you gather evidence to support your claim. The attorney can also help you find witnesses and experts who can testify in your favor.
4. Calculate Your Damages
A defective product attorney can help you calculate your damages. Damages can include your medical bills, lost wages, and pain and suffering.
5. Negotiate with the Insurance Company
If you have a valid claim, the next step is to file a claim with the responsible party’s insurance company. The insurance company will then investigate your claim and make a settlement offer. An experienced attorney will know how to negotiate with the insurance company to get the best possible settlement for your claim.
6. File a Lawsuit, If Necessary
If the insurance company denies your claim or makes a low settlement offer, you may need to file a lawsuit. An experienced attorney will know how to file a lawsuit and present your case in court.
Understanding who is liable for accidents caused by defective products is important for protecting yourself and your family. There are many different factors that can contribute to a product being defective, and it is important to be aware of them. If you or a loved one has been injured by a defective product, it is important to seek legal counsel to ensure that you are protected.
If you need a commercial litigation attorney in Birmingham, AL, turn to MHM Firm. We passionately seek justice for our clients in state and federal courts in complex business litigation, medical malpractice defense, etc. Contact us today.