When we buy something at a store, we assume that it will work. We also assume that if there is something we should not do with that product, that there will be a warning label on it that tells us what not to do. We furthermore assume that if we take something such as a drug or use a medical device, that the side effects of the drug or that the equipment will not harm us. Unfortunately, some of these assumptions have proven wrong when consumers who bought various items discovered the product they were using was defective and it caused them harm.
If you feel you have been the victim of a defective product, it’s time to contact an experienced attorney who will be able to assess your case and apprise you of your legal rights. While not every case of a product that doesn’t work properly is a defective product case, these occurrences may lead to litigation because of a threat to the health or lives of consumers.
Generally speaking, manufacturers of goods you use should be held accountable for defects in design, improper safety devices and defects in the manufacturing process that are capable of causing injuries. This also should apply whether the defective product(s) in question are sold to the public knowingly or unknowingly.
If they don’t have any warning labels, and something bad happens to an end user of the product(s), there is the possibility of a viable defective products case against the maker of the goods in question. It seems that there is a never ending parade of items and products that have the potential to harm us, even toxic drywall made in another country and imported to the US. The 21st century has brought us more toxic products than ever before.
In the interesting example of toxic drywall being installed in homes, the issue being sued over is the effect the product has on people’s health. In a case like this the range of those being served with a lawsuit for a defective product could include the manufacturer, the contractors who installed it, any subcontractors who used it and suppliers.
Defective products are not as rare as people think. Actual statistics show that Americans spend more than $500 billion yearly on the end result of using defective products – serious personal injuries, deaths and property damage. While most products do work the way they are supposed to work, what recourse do you have if they don’t and you are harmed?
Your recourse is to file a defective product lawsuit to recoup expenses for your injuries and hold the maker of the product and/or the distributor responsible for letting the product in question get to market and cause you and others harm. Claims may be filed in one of three ways. For instance, if you did use the item you purchased properly and were injured anyhow, the maker may be liable for defective design.
On the other hand if something happened to the product in question while it was being made and that made the product not work properly, this may be classified as a manufacturing defect claim. If the product itself is thought to be inherently dangerous, like a chain saw with no guard, and the maker doesn’t include a warning about those possible dangers, then the manufacturer may be charged with failure to warn.
There are exceptions that apply in this area of the law and only a seasoned attorney will be able to assess your case and tell you what legal rights you have. Whatever the reasons were for your accident, the injuries you sustained may change your life. You may have a right to sue to recover damages for pain and suffering, medical bills and even punitive damages. In order for an attorney to assess your case, you need to provide all the information you can, including medical records, photos of the scene of the accident, insurance information, etc.
You also need to speak to an attorney immediately and not wait or valuable evidence may wind up being lost, which may affect your ability to file suit. The Atkinson Law Firm knows that time is of the essence in matters such as this, and handles each case expeditiously and aggressively. They know that each case they agree to litigate is important to the person who has brought it to them and personally deal with each client. When the law matters, The Atkinson Law Firm is there to make it work for you.