Designers, manufacturers, and sellers have an obligation to offer products that are safe to use and provide clear directions for how to avoid injury. Our hard-earned money is spent on a range of products, all with the notion that our purchases will generally not cause harm as long as we use them for their intended purposes. A product that injures people because it does not meet the minimum standard of care is defective. There are a number of reasons why a product can be defective, including problems with the design, the way it was manufactured, or because it failed to adequately warn against improper use. If you or a loved one was hurt because of a defective product, it is important to contact an experienced and effective legal team. Timian & Fawcett, LLC provides quality legal support to victims of serious injury in Maryland and Washington, D.C. Our firm understands how serious these matters are and we are ready to assess your case. Contact our firm for a free consultation.
Defects can be apparent for a number of reasons. One prominent reason is that the designer of the product did not take into account safety during the design or testing phase. To be successful in a design defect case, one must provide evidence of a more feasible, safer, and practical design that would not impair the use of the product.
The design of the product is not the only reason that it could be considered defective. In some cases, the manufacturer is to blame for the defective product. These cases involve a sound design. The issue arises from a manufacturer that deviates from that design. When a manufacturer does not follow the explicit directions of the designer or the product was not made of the same quality as other products that came off the same assembly line, it could constitute a manufacturer’s defect.
Failure to warn
Products that pose a certain danger must warn consumers about the potential harm of certain uses. Some products have dangerous characteristics. The seller or manufacturer must provide adequate, easily understandable warnings and instructions about how to best avoid harm. When this standard of care is not met and it leads to serious injury, the victim may be entitled to compensation.
Product liability laws
Product liability laws protect those who are injured because negligence led to serious injury by a product. All products have the potential to be defective and a comprehensive investigation must take place. While the law presumes that defects were known by the manufacturer or seller, it is up to the injured person to prove this fact.
The burden of proof is on the victim and he or she must prove that negligence led to serious injury. In order to be successful, it is important to preserve evidence. It may seem natural to throw away a product that breaks, but it could be the cornerstone of a good case.
Contact an experienced product liability law firm
We trust that the products we buy will not cause us harm if used properly. Unfortunately, this is not always the case and people are injured by defects in the design or manufacturing, and the ability to warn of potential dangers. If you are injured by a product and it was defective, you could be entitled to compensation. It is important to discuss this with an attorney. Timian & Fawcett, LLC is ready to help. Contact our firm for a consultation to discuss your legal matter and to see if you have a valid product liability case.