DEFECTIVE PRODUCT FAQS
What is a defective product?
A product may be deemed “defective”if it is unreasonably dangerous when you use it as intended. Product liability can range from automobile defects to dangerous prescription drugs. To proceed with a product liability claim, you must prove three things: That the product is unreasonably dangerous That the product reached the consumer in the same condition in which it was sold That the defective product injured the user
What types of flaws make a product defective?
Design Defects-these claims allege that the product has a flaw in the original design. When a design is unsafe, the whole product line can be considered unreasonably dangerous for any consumer. One example of this is the failure to add safety features. Manufacturing Defects-these claims arise when a product is designed correctly, but there is an oversight in the manufacturing process that makes the product dangerous. This might be due to poor design execution or a mistake in the production. Insufficient Warning-these claims arise when instructions, warnings or risks that should have been included in the product box or label are absent.
If I misuse a product, can I still file a claim?
The most common defense to a product liability suit is that the consumer was using the product incorrectly. Yet, even if the defense proves you have misused a product, this does not necessarily mean your claim is invalid. It is the manufacturer’s responsibility to anticipate product misuses, and warn consumers of the dangers of using it in its unintended manner. The only way a manufacturer can escape liability is if the product is misused in a way they never imagined.
Can I file a product liability claim if I used the product, but do not own it?
Yes. You do not have to own the defective product to file a product liability claim. If you were borrowing a product and were injured as a result, you can still qualify for compensation.
What damages can I recover?
If you have been injured by a defective product, you may be entitled to recover economic wages, which include compensation for medical bills, wages lost, future lost wages, and any other out-of-pocket expenses. You can also qualify for non-economic wages, which include loss of quality of life, emotional distress and pain and suffering. You may also be entitled to damages for physical impairment and disfigurement, which may be scars or physical disability that you suffered as a result of a faulty product. If you or a loved one has been harmed by a defective product, please contact the experienced defective product attorneys at Craig Swapp & Associates today to schedule your confidential consultation.