Defective products are put onto shelves each day and affect the lives of shoppers. Despite the fact that there are government regulations in place to prevent the dangerous sale of defective products, there are some instances when these products find their way into a store where hundreds of thousands of individuals shop. When a consumer unexpectedly buys a defective product and is harmed by the product in some way, they are qualified to file a product liability lawsuit against the responsible party(s). This includes the store where they purchased the defective product from or the manufacturer that created it. These laws allow victims to fight for compensation in court based on the negligence of the manufacturer or the company at fault. In the event that you or someone you know was harmed because of a defective product, contact KBA Attorneys. We have years of combined experience in product liability and will use our expertise to help you get the compensation you deserve.
Product Liability Lawsuits
Defective Devices Lawsuit
Defective Devices could cause severe injuries to a person or serious damage to a person’s property. Consumers have the right to be safe when using devices and companies have the responsibility to design, manufacture, and market safe devices.
When a person is harmed by a defective device, they are able to file a defective device lawsuit. There are laws in place that protect consumers from dangerous devices and hold responsible companies liable for putting these devices out onto the market. Victims of defective device lawsuits are able to fight for compensation based on the negligence of the company at fault. If you or a loved one were injured because of a defective device, contact KBA Attorneys. Our defective device lawyers are skilled experts who are knowledgeable about the complexities of these types of cases. We have years of experience in dealing with dangerous device cases.
Elements of a Defective Device Lawsuit
The particulars for defective device cases differ by state. The common elements that must be proven in a defective Device lawsuit include:
- The device caused an injury
- The device was already defective when bought by the plaintiff
- The device was expected to not require any changes before being bought
- The device was used for its intended purpose
- The device injured the plaintiff or the device damaged property owned by the plaintiff
We Are Accepting Defective Devices Cases
While defective product lawsuits may appear to be a straightforward subject, there are critical subtleties to think about while assessing what sort of defect a product has. It is essential to have an experienced product liability lawyer on your side. A product is considered defective if it causes injuries or damage to a user while it is being used correctly and for its intended purpose. These defective product claims are taken under state laws, and relying upon the state’s laws, the defective product may assert strict negligence, negligence, or a breach of warranty. In the event that there is negligence or a failure to warn, a lawsuit can be filed and compensation for damages can be awarded. The three main types of product defects are:
Design defects occur when there are issues in the design stage. This means that a product could be designed incorrectly and malfunction when it is used.
Manufacturing defects occur when there are issues in the manufacturing stage. A product may have been designed safely, but a mistake during the manufacturing process could cause the product to become defective and dangerous. Manufacturers responsible for an unreasonably dangerous product can be held liable in a product liability lawsuit.
Marketing defects are usually less obvious than design or manufacturing defects, and that’s because they normally deal with failures to provide a proper warning label for how not to use the product. This can also involve making false claims about a product, which can lead to injury.
Defective Device Settlements
Every case is unique and the compensation awarded to victims is dependent on the specific circumstances of the claims. The damage and injuries caused by dangerous devices are normally compensatory, punitive, or special. Victims of this lawsuit may be eligible to receive compensation from damages such as:
- Medical bills
- Pain and suffering
- Lost Wages
- Emotional pain
Food Poisoning Lawsuits
Food poisoning, also known as foodborne illness, is characterized by illness caused by food contaminated with bacteria, viruses, or parasites. Consumable products become contaminated when they are improperly stored and cared for. Food safety agencies such as the Food Safety and Inspection Service (FSIS) and the U.S. Food and Drug Administration (FDA) manage how organizations should make and store their items, and in the case of food poisoning, it is generally because of negligence with respect to the company who made the product or stored them.
Side Effects of Food Poisoning
There are mild, non-life threatening symptoms and severe symptoms associated with food poisoning. The mild symptoms include:
- Upset stomach
Serious symptoms are often rare, however, there are cases when hospitalization is needed. The severe symptoms include:
- Breathing difficulties
- Brain and nerve damage
- Kidney failure
- Blood in stools
- Frequent vomiting
Individuals who experience these more serious symptoms are usually those who are more susceptible to illnesses such as young children, the elderly, pregnant women, and those with immune system disorders.
What Makes Product Liability Cases Different from Personal Injury Cases?
Victims of personal injury must demonstrate that the defendant acted unreasonably. A product liability lawsuit is not the same as a personal injury lawsuit because it is viewed as a strict liability offense, which implies that the defendant does not need to meet the same indistinguishable levels of responsibility as they would in a personal injury lawsuit. It has been incredibly burdensome for injured parties to win product liability cases, so standard negligence rules were removed and strict liability rules were put in its place.
The strict liability rules make it less demanding for plaintiffs to win a case because they simply need to demonstrate that the defendant’s product was a manufacturing defect, design defect, or a marketing defect. If an individual was using a product for its intended reason, and in the correct manner, but was injured somehow, this individual could file a lawsuit against the manufacturer or company of the defective product. The manufacturer or company could demonstrate that they did all that they could to guarantee a product with no defects, but this would not be a valid defense.
Contact an Experienced Product Liability Lawyer
Product liability is something that regulation and government entities try to police, but occasionally some products will slip through the cracks and cause injury to customers. There is no excuse for this to happen, as companies are responsible for the products they put out on to the market. If you or someone you know has been injured in a product liability situation, contacting an attorney would be your next best step. KBA Attorneys has years of experience within product liability cases, and we will ensure you receive compensation and justice for your ordeal. Contact us or fill out our online application for a case evaluation so we can advise you on the best way to proceed.