Each time you purchase a new product, there are many warnings and instructions that will come with the product. These are intended to provide you with clear guidelines for use, and how to safely get the benefits of the product without suffering from injuries. Ultimately, these warnings and instructions are meant to set out clear expectations for normal usage, as communicated by the product manufacturer and distributor, both to facilitate safe use and to protect the manufacturer from liability in the event of an injury. If a user were to buy a product and did not have access to directions on proper usage, the manufacturer may be liable for the resultant injuries due to this failure.
This example is one of many examples that fit into the complicated world of product liability and product liability cases. As a consumer, you may go your entire life avoiding the negative impacts of product liability issues or defective products, but too often a situation arises where an individual is using a product as intended and is injured due to a defective issue with the products or a range of other problems that can lead to injury, and even death.
Contact Balkin & Mausner Injury Lawyers LLP For a Free Consultation About Product Liability Cases
In the event that you have been injured while using a product, and you believe that the injury was the result of either defective products or some other failure on behalf of the manufacturer, distributor, marketing, or some other issue directly related to the supply chain, contact our firm as soon as possible to learn about your rights and options as a consumer. Connecting with a Washington DC personal injury and product liability attorney is a great way to get information and a deeper understanding of your situation, as well as the best path forward towards financial compensation for your suffering as a result of a product liability issue.
We understand that in the days and weeks following an injury, it can be extremely overwhelming to look past your immediate needs and try to think about a legal fight or even beginning to understand where you fit into product liability law. This is why we offer a free consultation, so that you can speak with a knowledgeable professional with no strings attached, and learn more about how we can support you through this difficult time.
Read more about product liability and defective products below, and contact our firm as soon as possible to get the legal representation that you deserve through this difficult process.
Common Examples of Product Liability Claims
The following are just a few examples of the many ways that a product liability claim may be brought against the manufacturers, designers, marketers, or distributors of a dangerous product that causes injuries to their consumers. In many instances, companies will institute a product recall if they recognize an issue with their products, but even these recalls are typically instituted because of a number of injuries resulting from a specific problem. If you are one of the first consumers injured due to things like design defects, manufacturing defects, or other problems, an attorney will help you file a claim that may or may not be mentioned below.
A manufacturing defect is a fairly straightforward case in terms of defective products, and will seek to prove that a manufacturer created a defective product that they then distributed in Washington DC and beyond. These defects could be an issue at any step of the manufacturing process, but should have been recognized before the product was approved internally for sales and distribution. Had the defective product been caught before sales, your injuries may have been avoided.
A defective design can cause serious injury to consumers even if there are no issues in the manufacturing process. In these cases, the defective product is a result of a dangerous or ineffective design that the product designers should have recognized in early phases of their design process. Defective products of this nature often lead to cases that a liability lawyer will be able to file a negligence claim against in Washington DC.
A marketing failure has less to do with a defective product and more to do with a failure to warn consumers of certain risks or hazards that come with the normal use of a product, or may make false claims about the effectiveness or results of using said product that can lead a consumer to make dangerous decisions based on these false claims. For example, selling a chainsaw with marketing claims that a user will never be injured is reckless and dangerous, since this is an impossible claim to make that will put many at risk of serious, catastrophic, and even fatal injuries.
Consumer Protection Claims
In some instances, it might make sense for you to file a claim with the Federal Trade Commission about your situation – either in tandem with a claim against the company or as a standalone claim. The FTC has a claims assistant that can walk you through the entire process, but once you have filed, it can be extremely stressful or confusing waiting to see what happens next, and understanding how you as an individual consumer can fight against a massive corporation. This is where an attorney comes in handy.
Breach of Warranty Claims
When you purchase a product, it is likely that there is a warranty that assures you, the buyer, of the quality and safety of the product that you are purchasing. This warranty may either be implied or explicit, but regardless, there is typically some type of warranty with a purchase – particularly a new product through a known distributor, but this is just as true in smaller, private transactions. If it turns out that the product you purchased is either not in the condition warranted to be true, or if the product does not perform what it is warranted to do, then this is a breach of the warranty and should allow you to seek recompensation. In some instances, this can be more difficult than you may initially expect.
Strict Liability Claims
Under the theory of strict liability, a consumer will be able to seek compensation from a manufacturer if they are able to prove that there was a defect in the product whether or not the manufacturer was negligent in their production process or quality assurance. Even if the producer can prove that they followed every necessary and prudent step in providing a safe and working product, any accident caused by a defect in a state or district that uses strict liability will provide a pathway for the victim to file a claim for fair compensation.
Even in jurisdictions where manufacturers assume strict liability for the products that they produce, there are additional steps that a consumer can take after an accident if it can be shown that the manufacturer was negligent in their process. For example, an injury caused by a defective product that should have been recognized in a quality assurance process, or a dangerous claim in marketing material about the efficacy of a product, may be proven as negligence and therefore hold the manufacturer additionally liable under personal injury and product liability law.
Contact Balkin & Mausner Injury Lawyers LLP Today
The sooner you are partnered with an experienced product liability lawyer, the sooner you will be able to look towards the future with a clear understanding of the legal process ahead of you that you and your attorney will undertake. Without knowing how this process truly works, the stress of uncertainty can have a serious impact on your ability to focus on recovering from your injuries, which is why we offer a free initial consultation for anyone injured in a suspected product liability accident. During this consultation, you can learn about the support we will provide you, and the level of quality that you can expect when working with a firm like Balkin & Mausner Injury Lawyers LLP.