There are three types of defective product claims. These are defectively manufactured products, defectively designed products and products that fail to provide adequate warnings and instructions. If you have been injured as the result of using a product that was defective in any way, you may have grounds to claim compensation from the creator of the product in question.
To start with, it is important to understand the above mentioned types of liability. Defectively manufactured products are products that are generally safe. However, a batch of these products may have been inadvertently made with deficiencies. Examples include a motorcycle that has been accidentally made without functioning brakes or a box of cookies that has been contaminated by bacteria. Defectively designed products, on the other hand, are products that have been made in a defective manner and should be fully recalled. Examples include car models that tend to catch on fire when crashed into and electric devices that electrocute users when used in a certain manner.
Failure to provide adequate warning is also grounds for a lawsuit. If medications have not provided warning about possible side effects, this can be grounds for compensation. If tools do not provide clear usage instructions and one is injured, this can also be grounds for taking legal action.
If you, your children or someone else in your family has been harmed by a defective product, do not throw the product away. If possible, keep the product and get legal help as soon as possible.
At Carvajal Smithwick Garcia, LLP, we take defective product claims seriously. We look at all aspects of the possible case, determine if anyone is responsible for the defect in the product and then proceed to file a claim on your behalf if necessary.