When a product harms a consumer, they may file a product liability claim and seek damages. The claim can only move forward if the consumer good in question comes with a certain expectation of safety. If that expectation is not met, the seller, distributor, and the manufacturer may be liable for injuries sustained through its use. Below,  The Law Offices of Daniel L. Crandall & Associates in Roanoke, VA offers some insight into product liability.

Who Can File?

For a consumer to file a product liability claim, the product must have been available in the marketplace. However, the injured party is not required to purchase the product to receive compensation for their injuries; they are also eligible if the product was borrowed or given as a gift. Any person injured by a defective product can pursue a claim as long as the item was distributed and sold.

Who Is Held Responsible?

Liability for a defective product tends to follow the chain of distribution. In addition to the product designer and manufacturer, the assembly company, wholesaler, and final seller can also be held responsible.

What Defects Are Subject to a Claim?

A person injured by a defective product may file one or more of the following product liability claims:

• Manufacturing Defect: No how well the product was designed, the manufacturing process made it unsafe. An example of this type of defect would be a batch of baby food that was contaminated with a toxic chemical. Although the base recipe was safe, the addition of the chemical during production may be cause for a product liability claim.
• Design Defect: In this category, the product design is inherently dangerous. Design defects may also apply to product packaging, such as a defective childproof lid on a bottle of over-the-counter medication.
• Inadequate Warning Labels: This type of claim states that the product does not come with sufficient instructions or warning labels regarding the safe operation or use. This claim may apply in cases where a product has been designed and manufactured properly but is deemed harmful whether it was used correctly or not.

Regardless of the claim type, the injured party must prove their injuries were the caused by a manufacturing or design flaw or lack of adequate warning or instructions.

If you or a loved one has been harmed by a defective product in Southwest Virginia, The Law Offices of Daniel L. Crandall & Associates is available to help. Backed by over 100 years of combined personal injury law experience, their attorneys provide the legal aid you need to obtain compensation in a product liability case. Visit the firm online to learn more about their practice, and call (540) 342-2000 to schedule a free initial consultation.