When someone is injured by a product, they may have grounds to file a product liability lawsuit. This is an option for the injured party if they believe the product that injured them was defective. With defective product claims, the manufacturing, wholesaler, or distributor could be found accountable for the defect and injury it caused.
Products cases generally consider design defects and manufacturing defects.
A design defect can be found in the original blueprint and plan for the product. Any part of the design that causes the product to be dangerous or presents a potential hazard to the user could be considered a defect.
These questions could be asked in order to decide if a design defect is present:
- Was the product’s design unreasonably dangerous prior to production?
- Was it plausible to anticipate the design of the product could harm a potential user?
- Could the manufacturer have used a superior design that was economically feasible and would not alter the purpose of the product?
If the answer to any of these questions is “yes” the injured party may have grounds for a design defect claim.
A manufacturing defect is found in a flaw or errors in assembly of the product. These flaws are not found in the original design of the product, but may be what caused the product to be hazardous. Manufacturers are liable for any manufacturing defects that occur in their products.
The injured party would need to prove that the defect was present when it left the manufacturing facility in a product liability case.
Who is Liable For a Defective Product Injury?
Depending on your case and the type of defect that caused your injury there are a few different parties that could be found liable. Manufacturers, wholesalers, and retailers could all be at fault for a defective product. Sometimes it isn’t just choosing one liable party but finding the whole supply chain could be at fault. Hiring the right attorney will help you find those potentially liable entities.
What Damages Can I recover?
When working with a liability attorney in Hamilton, Ohio the damages recovered in a defective product lawsuit may be compensatory, special, or punitive. Often a successful product liability lawsuit will recover:
- Medical costs, both present and future
- Lost wages
- Pain and suffering
- Emotional anguish
If you or a loved one has been injured by what you believe is a defective product, you know the physical, emotional, and financial stress can be a huge burden. Let The Richards Firm help you determine what may be done to protect you.
We can be reached at 513-868-2731, ext. 219 or visit us at http://richardsinjuryfirm.com.
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