Product Liability

When someone is injured by a defective product, they may have grounds to file a lawsuit against the manufacturer, wholesaler, or distributor if the product is unreasonably dangerous or sold in such a condition to make them defective.

This may still be the case, not withstanding that the seller or manufacturer took steps to make it safe. At EsteemLaw, we focus on the two primary categories of product defects are:

Manufacturing defect: This is a defect which is caused by an error in assembly, and not intended to be part of the product. Here, the plaintiff needs to prove that the defect allegedly responsible for their injury was present at the time of departure from the factory where the good was produced.

Design Defect: This is a flaw in the original blueprint of a product which causes it to be unreasonably dangerous and creates a hazard for potential users. An injured party may have grounds for a design defect claim and should contact an attorney as soon as possible.

Failure to Warn: A product liability lawsuit can also be brought for a manufacturer’s failure to warn of potential risks. Any party in the chain of distribution can be liable if warnings or instructions could have prevented injury from foreseeable risks or if the warnings themselves, when followed properly, caused the injury.
Esteem law can help you with the following types of product liability cases:

Negligence: Claimant must show that carelessness in the design or manufacture of the product led to their injuries. The injured party first must demonstrate that the defendant had a duty to sell a safe product. The consumer then must show that the defendant breached this duty. A “breach of duty” can be shown if the plaintiff can prove that the defendant knew or had known that the product was defective. The plaintiff must also prove that the defective product caused their injuries.

Strict Liability: Generally, product liability cases are pursued under the theory of strict liability. With these claims, the injured is only required to prove that a defect in a product exists, and that an injury was sustained as a result of that defect of. If a defect exists, the manufacturer may be strictly liable for any resulting damages, regardless of whether they exercised extreme caution and care when manufacturing the product. For strict liability to apply, the product must have been purchased in the chain of distribution. Products purchased second-hand are not eligible for strict liability claims.

Breach of Warranty: When a good is sold, there are two warranties the buyer relies on: the express warranty and the implied warranty. Express Warranty is any representation about the product and its safety made by the manufacturer or retailer. Implied Warranty is an implied promise by the manufacturer (or other liable party) that the product, if used as intended, will not cause any harm. The breach of warranty cause of action covers any person who would reasonably be expected to use to product.

Attorney Fees
We do not collect any fees unless we win your case. All our injury cases are handled on a contingency basis, You do not owe any attorneys’ fees unless we recover financial compensation in your case.

We can help you determine if you have a cause of action for any of the above cases. Contact us today