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Nearly everyone will encounter a defective product in their lifetime. Most will suffer nothing more than the inconvenience of needing to return an item to a store, but others will not be as fortunate. Some defective products cause lifelong consequences. When a defective product causes harm it is important that victims come forward to purse legal recourse via a product liability claim. Doing so can not only provide compensation for injuries sustained but also save others from suffering a similar fate.
UNDERSTANDING THE DIFFERENCES BETWEEN DEFECTIVE DESIGN AND DEFECTIVE MANUFACTURING
Contrary to popular opinion, prevailing in a product liability case does not require a showing that the manufacturer knew its product was defective before placing the product in the stream of commerce. Instead a plaintiff need only demonstrate that they used the product as it was intended, that the product was defective, and that the defect caused injury. A manufacturer will often go to great lengths to suggest that its product was being misused by an injured party. Similarly, a near-miss with a defective product can be a frightening experience but it is legally insufficient. Absent evidence of a tangible injury, a plaintiff will be unable to launch a successful product liability claim.
Product liability can encompass a wide range of defectively designed products, from medical devices to lawn equipment. According to South Jersey product liability lawyers some of the more common culprits include:
- Children’s products: When toys and other items designed for children can be too-easily disassembled, they pose a choking hazard. Cribs must also be designed to remain upright at all times, with slats spaced in such a way that the limbs of a baby or toddler cannot become entrapped.
- Home appliances: When improperly wired or balanced a refrigerator, dishwasher, or other appliance can cause electrocution, burns, crushing injuries, and even fatality.
- Power tools: Saws that lack sufficient guard material to protect a user’s hands and nail guns that rapid fire pose a substantial danger.
At other times a product liability complaint will be based upon an allegation that an otherwise safe product was made defective by a third party in the supply chain, usually a manufacturer.
- Automobiles: Frequently the subject of recalls, defective auto parts often result from cost-cutting measures taken during the manufacturing process. Air bags that fail to deploy, brakes that stop working and accelerators stuck in the compressed position have all formed the basis of a successful product liability claim.
- Prescription medicine: When a pharmaceutical company produces, markets, and sells a drug batch that is inconsistent with its patented pharmacology, it can result in life-threatening injuries for a patient.
When a defective product is suspected of causing injuries, it is important to make note of the exact circumstances surrounding the incident. An injured party should make note of any potential witnesses who can attest to the proper use of the product in question. Additionally, all medical appointments should be kept and documented. Defective products are frequently the subject of recalls and alerts issued by the Consumer Products Safety Commission. An injured party should check to see if others have already been injured by the same defective product.
South Jersey Product Liability Lawyers at Folkman Law, P.C. Aggressively Pursue Claims
When a consumer purchases and uses a product as it was intended, they rightfully expect that the product will not cause harm. If you or a loved one believes they have a viable product liability claim, contact our South Jersey product liability lawyers at Folkman Law. Our team will investigate your case at no cost. Contact us today at 856-354-9444 or submit an online inquiry, to schedule a consultation at our Cherry Hill, New Jersey offices. We represent clients in South Jersey and Southeastern Pennsylvania.