Products liability cases are a specific type of personal injury case that is premised upon a product causing an injury to a user or other person for some reason. There are three basic types of product liability actions. They are Design Defect Cases, Manufacturing Defect Cases and Failure to Warn Cases. Each of these types of product liability cases have specified criteria that need to be met in order to succeed in the lawsuit.
Design Defect Cases
Design Defect Cases attack the design of the product as not being safe for its intended use or foreseeable misuses. This means that the company did not act reasonably to modify the product in a safer manner to prevent danger to persons who come into contact with the product. Companies have a duty to explore safer alternatives to known dangers in product design in order to make products safer prior to releasing them to the public. It is important to note, that the actual manufacturing of the product may be in accordance with the specifications in these cases. The claim is not that the product was built or manufactured incorrectly. The claim is that even when the product is manufactured perfectly, the product will still be dangerous for public consumption.
The Law Firm of Vaughn, Weber & Prakope, PLLC can assist you in bringing and succeeding in design defect cases. Our firm’s experience in hiring the required experts and framing the case properly can be the difference in succeeding or failing in these very technical litigation matters.
Manufacturing Defect Cases
Unlike Design Defect Cases, the Manufacturing Defect Cases hinge on whether the product was built or manufactured properly. Here, the design of the product is sufficiently safe but the manufacturer failed to properly follow the design and the result was an unreasonably safe product for public consumption. The Company violated its duty to put a safe product on the market by failing to follow the design.
Again, the Law Firm of Vaughn, Weber & Prakope, PLLC can provide the experience necessary to prosecute this type of claim for you. Manufacturing Defect cases are very technical and require experts to build your case.
Failure to Warn Cases
The third type of claim under products liability is for failure to warn. This type of action focuses on the steps that the company must take to warn the public of the dangers associated with the product.
It is not required that every product be completely safe before being released to the public. There are often inherent dangers in certain products such as chain-saws or electric appliances. There would be no way to make these products completely safe without eliminating the functionality of the product. The law requires that products include warning labels to notify users of the dangers that are known or reasonably foreseeable. Instruction booklets are also required in most cases to provide instructions for the proper and safe usage of the product. These instructions should be sufficiently clear as to the method of usage that is required to prevent the danger.
The attorneys at the Law Firm of Vaughn, Weber & Prakope, PLLC are here to help you bring your claim for a company’s failure to warn. These technical cases can turn on minute details and require the assistance of an expert and experienced counsel.
Wide Range of Products
Products Liability Cases can be brough for just about any product if the injury is caused a Design Defect, Manufacturing Defect or Failure to Warn. Products Liability Cases have been brought for children’s toys, vehicles, pharmaceuticals, construction materials and equipment, beauty products and more.
As in all types of personal injury cases, defective product injuries can range from minor to significant. Victims are often left unable to work. They are in extraordinary pain. This leaves the victim and their families in a position where their entire lives are changed.
Here at the Law Firm of Vaughn, Weber & Prakope, PLLC, we know what steps need to be taken quickly to preserve your rights and protect your claims. That is why it is in your best interest to have us on your side. We are here for you and as always, the initial consultation and case evaluation is free.
If you or a loved one have been injured and are suffering due to a dangerous or defective product, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620. We are here for you!