Defective products can inflict serious, if not fatal, injuries depending on their applications. If you recently dealt with a dangerous product but are uncertain whether you can sue the manufacturer or company carrying the item, learn more below before meeting with an attorney.
Common Questions About Defective Products
What are defective products?
Some products are inherently defective because of faulty designs, while others sustain defects during the manufacturing process. Products are also considered defective if the manufacturer knew there was an issue, but still put the items on the market without any warning label or statement to the public.
How can you prove the product was defective?
You must show that you were injured to prove product liability, so take photos of your injuries to support your claim. If you could've been injured by the product but weren't, you don't have a claim. A liability claim also requires demonstrating product danger, or that it didn't come with proper warnings or instructions.
In addition to showing that the inherent flaw, manufacturing flaw, or lack of warning labels resulted in your injuries, you must have used the product properly. Evidence that the injured person misused the product, or modified the product after buying it, and the modifications caused the injuries, could preclude you from recovering damages. For example, if you use a loaded stapler gun to hammer a nail and get injured from the staples, or you remove the guard from a blade on a saw and get injured as result, you may not be able to recover damages.
What are your legal options?
If your claim is legitimate, your attorney will help you file under the umbrellas of strict product liability, breach of warranty, or negligence. A case following strict product liability guidelines doesn't require proving manufacturer or seller negligence because the product is considered "abnormally dangerous," such as packaged food containing plastic choking hazards or glass pieces.
You can also file a lawsuit if the product was incorrectly manufactured or the seller knew it contained defective pieces and sold it anyway, as both indicate negligence. Finally, a product under an implied or express warranty that causes injuries allows you to file a breach of warranty suit.
Who should you sue in a product liability case?
A product liability case requires suing the parties involved in the "chain of distribution," including the manufacturer, wholesaler, and retailer. If you were injured because of a defective product, you're within your rights to sue the retailer and all other involved parties.
If you’re ready to discuss your product liability case with an attorney, contact Stine & Associates, P.C. in Greensburg, PA. Attorney Cindy Stine has over 20 years of experience serving residents throughout Westmoreland County, offering representation for accidents, medical negligence, wrongful death, personal injury, and product liability cases, among others. Call (724) 837-0160 today to schedule a free consultation, or learn more about her areas of practice online.