When Is a Product Considered Defective?
Products are considered to be defective if they are unreasonably dangerous and do not carry sufficient safety precautions, warnings or directions for their use by the general public. Defective product injuries occur at an alarming rate, even though manufacturers are legally obligated to avoid putting them on the market or to recall them immediately upon becoming aware of their defectiveness.
Product defects typically include:
- Design defects
- Defects in the manufacturing process
- Inadequate warnings of how to properly use a product
- Defective machinery
In design defect cases, we seek to prove that a safer alternative design exists that would have minimized the risk of injury. We will find and retain qualified experts who will discuss alternative designs that the manufacturer could have employed, which would not have resulted in injury and which would not have affected the use of the product.
A manufacturing defect occurs when a particular product was properly designed but manufactured incorrectly. We will prove that because of problems in the manufacturing process that the product became unreasonably dangerous for the consumer. We understand the importance of locating qualified experts who understand the product and what went wrong, and we also understand how to discredit the testimony of the hired guns used by the other side.
Failure To Warn
A product can also be defective if there are no warnings or if the warnings were inadequate. Usually a product can be made safer by simply warning the consumer of the nature and extent of the risks. The warning must be thorough and visible, and it must warn the consumer of the magnitude of the risk involved in not following the product’s warning instructions.
Please remember that whenever possible you must keep the product that caused the injury, and you cannot change or alter its condition. If you lose or destroy the product, the manufacturer will try to argue that it cannot fairly defend itself by showing the product was not defective. Also, if you no longer have the product you may not be able to prove it was defective in the first place.
Because dangerous products cases are very complicated and expensive to prosecute, it is important that you find the right lawyers to help. Our experienced team of lawyers has the power, dedication, experience and resources necessary to win. At Prieto, Marigliano, Holbert & Prieto, LLC., we have recovered millions of dollars on behalf of people injured by dangerous products.
If you or someone you know has been severely injured by a dangerous or defective product, call us today. We will do everything it takes to ensure you get the help you need and the money you deserve. And remember, consultations are always free and we don’t get paid unless we win your case.
Defective Products can cause catastrophic and life altering injuries to innocent victims. If the manufacturer is not held accountable it is likely to continue producing and selling dangerous products. Defective products claims can be difficult and complex, but we take great pride in regularly taking on the manufacturers and distributors of dangerous products. Fighting for people injured by such products is important. It helps protect the public by forcing companies to design and produce safer products for everyone.
PMHP Law, LLC represents clients throughout Georgia and the Southeastern United States. To schedule a free consultation with a lawyer at our firm about your experience, call us at 404-856-0040 or visit us online at www.spmhlaw.com.