The production and selling of substandard and defective products is one of the causes of various personal injuries in the United States. However, the personal injury law provisions which govern these cases are somehow more simple and undemanding than any other injury statute. This further allows the injury victims to easily obtain monetary damages from the product manufacturer or seller. Furthermore, the “Product Liability law” affirmed that the product manufacturers, distributors, retailers and manufacturers of product components may have the liability in handing over dangerous goods which brought about injuries to the consumers. Hence, the product producers and distributors should meet the regular expectations of their customers regarding their products.
On the other hand, the liability theory states that the victims who are filing their product liability claims must prove to the court that they have indeed bought a defective product which caused them injuries. The following are the types of defects which can impose sanctions to the product manufacturers and sellers:
o Design defects – these flaws are considered as inherent to the product before it was assembled or produced. This has something to do about the product design which make it unsafe for public use or consumption. This is why the manufacturers should see to it that the product design should be well-planned and structured.
o Manufacturing defects – these defects come along with the product assembly. Any imperfections and misalignment, therefore, in following the designer or manufacturer’s product specifications and standards can be utilized by the victims to prove the guilt of the company. Usually, the victims should prove to the court that they should not have their injury if not for the negligence of the manufacturer or if the “strict liability rule” is applicable they just have to prove that the product is indeed defective.
o Marketing defects – these flaws resulted to the improper way of selling the products. These further include product mislabeling and the failure to make such warning about the possible risk in utilizing their products.
But then again, like in any other legal case in which the defendants are given their time to explain their sides, the product manufacturers or distributors may point out that the victims’ alteration of the product really caused it to malfunction or inflict harm to them.
In this sense, the victims may decide on seeking legal advice from a professional product liability lawyer to evaluate their cases and teach them how to answer questions which might be raise by the manufacturers. With the sufficient understanding of the existing laws on product liability and techniques on how to go along with the opponents’ defense strategies, an expert legal can easily provide justice to their clients’ claim cases. This will entitle the victims to acquire monetary compensation from the liable product manufacturers.