Consumers deserve safe-to-use products. Unfortunately, not all products that land in their hands are truly safe. A product could be plagued by defects of various kinds. These product flaws become a real problem when they harm or injure the user. At times, a product that fails to work as designed could cause major injuries or even death. A product defect could be relating to any of the following:
A design defect is usually the case when a product poses a risk even when it’s used as the maker intended.
A manufacturing defect is a product design or construction imperfection. In other words, the product deviates from its original design, despite all possible measures adopted during its making and assembly.
A marketing defect is the failure to report or adequately warn consumers the potential risk relating to a product that’s known or must have been known by the manufacturer.
How to Fight Back When a Defective Product Injures You
If a defective product has caused injuries, the first thing you must do is identify people and organizations that could be liable for the defect and put them down as defendants of your case.
Based on the product, identifying all parties liable for your injuries could be complicated. However, it’s vital to not rush through the process. Take some time to locate all likely defendants as this could augment your chances of recovering full compensation for your injuries.
As a general rule, you should include all and any parties part of the distribution chain – the path the product takes from its production to distribution. The following are the entity types usually involved in the distribution chain of a given product:
The manufacturer lies at the start of the distribution chain of the product. The manufacturer could be a multinational firm or an individual working from a basement.
If the defective component constitutes a bigger product, you must include the manufacturers of both the defective component and the whole product that accommodated the defective part. For example, if an exploding battery caused a car accident, both the car and defective battery manufacturer must be taken to task.
Make sure you add other parties (if any) part of the product’s manufacturing, marketing, or design, particularly if they are distinct entities, such as an external contractor or consultant.
Though the retail store didn’t manufacture the injury-causing item, the retailer could still be held liable for having sold you the item. Remember, choosing the defendant isn’t trying to choose one defendant over the other. Any party that’s part of the distribution chain must be named defendant.
In between the retailer and manufacturer, there could be several middlemen, such as suppliers, wholesalers, and distributors. Each of them makes up the defective product’s distribution chain and are potentially liable, as a result.
Elements Required to Prove Liability
To prove liability, it’s mandatory to exhibit that the injuries occurred courtesy the item in question, and it was a defective product. The injuries should be thoroughly documented. Proof of financial and personal consequences due to the injuries would help in seeking damages. To prove the product’s defective nature, you may have to carry out expert valuation.
Save the product, seek medical attention, and document what happened to improve your chances of proving liability and winning the case. Contact a product liability attorney in Baton Rouge if you’d like to have expert assistance in this regard.