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If you have ever picked up a product that had an obvious warning label on it, you may already understand the very basics of product liability.
When manufacturers develop and produce products, they have an obligation to make sure that those products are safe to use. In some cases, they list warnings on the products because that type of product specifically requires such a warning.
For example, products with small parts will list a warning to keep them out of the reach of children to prevent children from swallowing and choking on the parts. Other products list warnings because a consumer misused the product with disastrous results.
However, sometimes, there is no warning and the product either malfunctions or causes damage in some other way. These are the products that call for an Idaho product liability lawyer.
If you have ever been in this situation, it is important that you speak to an experienced Idaho Personal Injury Lawyer by calling 208-331-0167 or by sending us a message.
One of the most well-known cases of a company at fault involves McDonald’s and a 79-year old woman. Though this case has been the subject of many memes and jokes, it was quite serious.
The customer did spill the coffee on herself by accident, so in this case, one could argue that it was “misused.” Yet, the customer also wasn’t aware that McDonald’s coffee is brewed at almost 200 degrees for optimal flavor.
At that temperature, it can, and did cause third-degree burns within seconds. The company did bear some of the responsibility for the damage their product caused because that specific scenario wasn’t one that was unlikely to happen and the customer had no warning concerning the extent of potential damage previous to the incident.
The incident above describes a product in normal use. The product caused damage, which is why the company was considered at fault. This also wasn’t the first time such a complaint was made about this specific product. It just happened to be a severe case that ended up going to trial.
When customers don’t have any warning, or the warning doesn’t suggest the significance of the potential damage that the product can cause, the company may be considered at fault and responsible for any injuries as a result.
Additionally, there are several companies that issue defective medical devices and defective drugs that can cause serious injury. There are several defective drugs that has and is still continuing to cause great harm to many people such as Xarelto and Zofran. Some defective medical devices that has caused serious injury to some are Bard IVC filter, IVC filter and Transvaginal Mesh.
It’s important in product liability cases that you have a qualified lawyer to help iron out the details. Many of these types of cases require lawsuits against major companies and manufacturers, which can be difficult to manage by yourself.
Most of the time, even if there are previous complaints, no action will be taken or changes made until the legal system is involved. When a product causes damage, even if it isn’t to a person, the company has a certain responsibility.
In order to ensure you receive fair and legal treatment, especially when battling major corporations, you will need a qualified Idaho product liability lawyer on your side.
Recalling or otherwise making a change to a product can be expensive, so they avoid it and gamble on the fact that consumers won’t challenge them. Consumers who know there is a risk, but don’t hire an Idaho product liability lawyer to do anything about it may bear some responsibility themselves.
By not doing anything, they don’t just put themselves at risk. They put every other consumer who might use the product at risk. If for no other reason than to help protect fellow consumers, it is well worth at least speaking with an Idaho product liability lawyer if you are dealing with a faulty or damaging product.
Even if you aren’t sure whether or not you have a case, if you believe you have suffered an injury because of a product, contact our office online or call (800) 404-9000 for a free consultation.