Types Of Legal Claims Surrounding Defective ProductsUtah Legal News
Every year, numerous consumers are injured by defective products. Products like vehicle parts, prescription medications, medical equipment, and even electronic devices are commonly causing injuries to those who rely on them for some type of service.
In situations where people are injured by defective products, they may be able to pursue a product liability claim to obtain remuneration for lost wages, medical expenses, pain and suffering, and various other damages related to the incident.
Depending on various circumstances surrounding the incident, a victim is able to file a product liability claim under one of three types of cases outlined below. Working with a reputable product liability attorney in Utah will ensure you are able to obtain the maximum amount of compensation, and justice, for your claim.
Product Liability For A Defective Design
The first type of liability claim in which a victim can file falls under defective design. Defective design cases are those in which products are inherently dangerous due to how they are designed. In these cases, type defect involves an entire line of products. The defect typically exists before the product was even manufactured or sold.
- Some examples of defective designs on products include:
- Vehicles that are top-heavy and present a high rollover risk for users;
- Electric blankets that electrocute users when they are set to the highest settings;
- Sunglasses which fail to protect the user’s eyes from harmful ultraviolet rays; and
- Vehicles that maintain a high risk for an explosion due to the placement of the gas tank.
Products that contain defective designs pose a risk to numerous consumers for injuries. Victims injured can contact a Utah personal injury attorney from Siegfried & Jensen to get help with their case. Our attorneys will help victims to prove their injuries were directly caused by a defective product design.
There are many instances where defective manufacturing can result in injuries to users. These claims often concern products that became unsafe for users due to errors included during the manufacturing process. In this type of claim, the product was originally designed safely, but, for whatever reason, there were errors made during the production process. These errors changed the dynamic of the product into something that could be dangerous to users.
Some common examples of defective manufacturing include when food or medication is mixed with harmful substances or products that are not supposed to be included and cases where manufacturers fail to include safety measures or components on the product. As a result of the failure, the product could cause harm to users.
In order to prove a defective manufacturing lawsuit, a claimant must be able to establish a link between the injuries sustained and the manufacturing defect included in the product. It is crucial for you to work with a product liability lawyer in Utah to ensure your claim provides the clearest and most detailed example of the defect and the injuries it caused.
Failure To Warn
The third type of defective product claim includes failure to warn. When products are offered for consumers to purchase, the manufacturer is required to disclose to consumers any possible danger that may be associated with the product. Furthermore, manufacturers are required to provide safety instructions that explain exactly how the product is to be used in order to ensure those who utilize the product remain safe.
If manufacturers fail to provide detailed safety instructions for users, they are in breach of upholding their legal obligations. When the manufacturer is in breach, they can be held liable for any injuries that occur from the use of the product. These cases often allege that a product poses a danger to the user in a way that was not obvious. When these products do not include clear warnings for users regarding how to safely or properly use the product, the manufacturer can be held liable for not providing this information to users.
In order to file a successful claim against the manufacturer for failure to warn, a claimant must be able to show that the injuries would not have occurred if they had been aware of how to properly use the product. Instead, the lack of clear directions put them in harm’s way and, as a result, they were injured. Working with a reputable Utah accident injury attorney will ensure you are able to establish a strong case that helps you achieve the outcome you expect.
Who Is Responsible For Product Defects
The initial responsible party is often determined by the point in which the defect arose. In cases where the defect was apparent before the product was even made, the designer of the product can be held liable. In instances where the product defect was caused by using inappropriate materials or by assembling the product wrong, the manufacturer of the product can be held liable.
After determining which party is initially responsible, the responsibility can extend to various other parties. In some cases, the party that assembles or installs the product, the wholesalers that offer the product to retailers, and even the retailers who sell the products can all be held liable. Product liability cases are extremely complex, which is why it is extremely beneficial for those injured to hire an attorney to help with their claims.
How A Utah Personal Injury Attorney Can Help You
If you were injured by a defective product, it is crucial to contact a Utah product liability attorney from Siegfried & Jensen as soon as possible. Our skilled and reputable attorneys work diligently to help those harmed get the justice and compensation they deserve. Since 1990, our law firm has helped over 35,000 people obtain the maximum amount of compensation for their legal claims. Contact our law firm today at (801) 845-9000 to see what legal options are available for your case. We have four offices conveniently located throughout the state. Choose the one closest to you and come in at your earliest convenience to speak with a Utah accident injury attorney.