Consumers trust in the safety of theirs and their children’s products, pharmaceuticals, food, beverages, vehicles, surgical implants, and other items they use on a daily basis. However, new consumer products enter the commercial marketplace all the time, some of which are dangerous and/or defective. Consumers can be injured as a result, sometimes seriously with life-threatening or life-altering conditions or disabilities.
If a consumer product harmed you or a loved one, a personal injury attorney may be able to help you file a claim. Product liability law is quite complex, so seeking the counsel of an experienced St. Johns County defective products lawyer could be critical to your likelihood of recovery.
Different Types of Product Defects
There are three different bases for defective product suits. Any one of these theories could be sufficient to support such a claim, but some cases could involve more than one defect. A St. Johns County lawyer skilled in product liability matters may help identify which of these defects apply to a particular case.
Manufacturing defects arise when a product leaves the control of the manufacturer in a condition that is harmful due to production errors. Examples of this type of defect include faulty installation, inadvertent use of defective materials, or failure to include an integral ingredient or part.
Design defects involve problems that are inherent to a product’s design. Rather than resulting from an error in production, the aspect of the product that turned out to be defective was intended or a component of its construction from the start.
Failure to Warn Defects
Failure to warn defects concern products with inadequate warning labels. This commonly manifests in pharmaceutical products that fail to identify dangerous contraindications for taking the drug or dangerous side-effects.
Legal Theories for Asserting Defective Product Claims
A St. Johns County defective products attorney could help determine which of the following legal theories may be most beneficial to someone pursuing civil damages from a product manufacturer or seller.
- Strict liability requires a plaintiff to establish only that the product’s defect made it dangerous
- Negligence involves showing that the manufacturer failed to exercise appropriate caution in manufacturing, designing, or selling the product
- Breach of warranty is premised on showing that the manufacturer or seller violated an express or implied warranty or promise that the product was fit for the intended purpose
- Misrepresentation and fraud could be asserted where the marketing of the product contained explicit falsehoods
Consult with a St. Johns County Defective Products Attorney
When defective products make it past manufacturers, sellers, and consumer safety regulatory agencies before harming consumers, victims should be compensated for their injuries. and the companies turning a profit on the defective products should be punished. If you or a loved one has been injured by a defective product, a skilled lawyer may be able to help you recover financially from such an incident.
Most defective product claims must be filed no more than four years following the discovery of the injury, and your chances of getting compensation may reduce significantly after that time frame. Reach out to a St. Johns County defective products lawyer today for a consultation to learn more about your rights.