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Defective Product

When an individual is injured by a defective product, there is the possibility of filing a product liability claim against the company who designed, manufactured, sold, or furnished that product.

There are three types of product liability cases:

  • Manufacturing defects
  • Design defects
  • Failure to warn

These are pleaded in terms of theories of liability which include negligence, strict liability, breach of warranty, and consumer protection claims.

There are certain elements that have to be demonstrated in order to win a defective product case.

  • Duty: The seller, manufacturer or designer has a duty to ensure a product is safe to use as intended.
  • Defect: There is proof that the product is defective.
  • Causation: You were injured as a result of the product’s defect.
  • Injury: You have suffered damages because if your injury caused by the defective product.

Product liability claims are usually quite complex and costly. Proving fault normally requires the testimony of experts in a related field. It’s important to have attorneys on your side that are knowledgeable and experienced with defective product cases.
If you or someone you know might have been injured by a product flaw, contact Ladenburg Law. They know how to navigate difficult product liability cases.

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