Who’s Liable for a Defective Product?

The law holds that a consumer has the right to expect a product to function properly and safely when it is used according to the manufacturer’s instructions. But even though there are a plethora of rules and regulations in place to keep products from causing harm, thousands of defective recalls take place each year in the United States, involving everything from automobiles to baby carriers. Many of these recalls are only announced after multiple people are seriously injured or killed while using the product.

When appliances cause a house fire, air bags fail to inflate, or medical devices cause more harm than good, Van Sant Law is prepared to investigate your product liability claim and secure the maximum compensation that you deserve under the law. We believe that product liability cases are important both because they give the injury victim the financial support they need, and because they make certain that other people are not harmed in the same way in the future.

In many cases, product liability lawsuits are the last defense that consumers have against manufacturers and distributors who put dangerous products on our shelves.

Defective products come in all shapes and sizes, from vehicles and their many components to kitchen appliances, office equipment, tools, electronics, toys, dangerous drugs, and medical devices. The injuries that occur as a result can be severe or fatal.

Here are just a few examples of defective product claims:

• A bookcase suffers from a design flaw that causes it to topple over onto users.
• A flashlight has a tendency to catch fire when left on for too long.
• A car has a design flaw that causes its cab to crush during rollover accidents
• Thousands of baby highchairs are boxed and sold with missing safety straps.
• A large lot of peanut butter is infested with a dangerous mold.
• A medication does not contain a complete list of serious side effects.
• A medical device that replaces worn joints has the tendency to deteriorate in the body after just a few years.
• A power tool is sold without accurate safety instructions.
• A kiddie pool does not include a drowning warning on the side.

Unlike some other types of personal injury cases, the at-fault party or parties may not be readily apparent at the time of the accident or even after an initial investigation. Often, more than one entity could be sued in a product liability case. When investigating the case, your attorney will take a close look at the chain of distribution related to the product. This chain could include:

• The manufacturer.It is possible that the defective product came about because of a design flaw, a quality control flaw, or an assembly issue at the factory. The manufacturer is often to blame for these mistakes.
• The distributor, wholesaler, or supplier. These middlemen between the manufacturer and the retailer could have played a role in the dispersal of the defective product. It is critical to understand whether they share the blame and the responsibility for the injuries.
• The retailer. Many product liability lawsuits name the retailer in addition to the manufacturer. It is important to note that you can name a retailer in a lawsuit even if you did not personally buy the product or even if you bought the product secondhand.

Most product liability cases are settled by a personal injury lawyer privately and out of court. However, in some cases, an insurance company defendant may be unwilling to provide fair compensation during negotiations. In these instances, the lawsuit may be heard by a judge and a jury in a court of law. At Van Sant Law, we don’t hesitate to bring a case to trial if the liable company or insurance company is not willing to agree to a fair settlement.

Dangerous and defective products put the safety and lives of regular Americans at risk every day. We have a duty and a responsibility to hold the makers and distributors accountable for their mistakes when these products reach consumers.

If you have been injured by a defective product, you have a right to know who is responsible and you have a right to seek compensation. At Van Sant Law, we will help you understand your case and pursue justice by fighting aggressively and compassionately at your side. To learn more about our product liability legal services or to schedule a confidential consultation, call us today or use our contact form and we will be in touch within 24 hours.