Defective products fall under the product liability law in which anyone involved in the product distribution chain of a particular product is held responsible for the damages that product has caused, regardless the degree of fault. This type of liability with disregard of fault is given the term strict liability. In strict liability cases the injured does not need to prove negligent actions of the defendant, and holds manufacturer and everyone involved in the chain of distribution responsible for the defective product. Defective product cases are handled by product liability attorneys who have the advantage of experience over general lawyers.
Product liability cases stem from:
- Defects in product design
- Defects in manufacturing
- False advertising
- Lack of or inadequate warning
Product liability lawsuits sometimes succeed even if the injured has used the product incorrectly, the product as long as such incorrect use is foreseeable by the product manufacturer or the party involved in the supply chain of that product.
Three conditions for successful cases:
- The product hasn’t changed condition substantially upon reaching the customer
- The product was used or misused in a way that was reasonably foreseeable
- The injury occurred as a result of the defect in the product and the consumer was not aware of this defect, rendering the product unsafe for intended use
- The product was sold by a casual seller.
Any product can be defective and cause an injury, some of the ones that are prone to defects resulting in serious injuries include: tires, seat belts, car seats, children’s toys, home appliances and pharmaceutical drugs.
Attorney Vibhu Talwar has successfully handled cases resulting in multi-million dollar verdicts and settlements. Our attorneys will help you recover the compensation you deserve for you or your loved ones that have been injured as a result of a defective product.