Defective Products: Experience Is the Key to a Successful Claim
When you buy a product, you have two primary expectations: You expect the product to work as described and you expect to be able to use the product without incurring damage or injury; in short, you expect it to be safe. But many times, products are not safe, even when used as directed, and they can wind up causing injury and even death.
Defective drugs and medical devices, cars with faulty brakes, ignitions or airbags, asbestos lawsuits and SUV and truck rollovers are all examples of product liability, but there are hundreds of other cases. Not all cases are successful – product liability can be difficult to prove, and it takes an experienced attorney to provide effective representation.
Establishing Liability in a Faulty Product Case
There are four primary approaches that are used to establish liability in defective product, and each approach can hold the product designer or developer, manufacturer, seller or distributor liable for the damage caused:
For all intents and purposes, the days of caveat emptor – let the buyer beware – are over. Today’s more stringent consumer protection laws have ushered in an age of “strict liability,” which means that the seller, manufacturer, distributor or designer may be responsible for damages even if they exercised all possible care in their duties. To prove strict liability, you must show that the item was defective, that it caused damage or injury, and that the defect made the product excessively dangerous, regardless of intent.
Negligence occurs when someone in the supply chain fails to provide reasonable care in performing its duties, whether from actual malicious action, carelessness or inaction. The recent GM and Toyota recalls for ignition and airbag problems are a good example: although the companies knew of the problems and the resulting deaths and injuries, they delayed in issuing recalls for fear of bad publicity and expense.
Breach of Warranty
Breach of warranty occurs when a seller fails to fulfill a promise or claim about a product. The law assumes sellers provide a certain assurance when selling, and they are expected to stand behind those assurances.
Misrepresentation is often argued as part of breach of contract and strict liability claims. It means that someone in the supply chain made false claims about a product that made it seem safer than it actually was or implied it could be used in an unsafe manner.
Get Compensated for Your Injuries
Because liability claims can involve more than one party and more than one type of approach, it’s important to develop a case so that it takes into account every opportunity to prove your claim. Having a skilled attorney is without doubt your best defense. As a leading Marietta faulty product attorney, Roger Ghai has the skills and experience to provide each client with the aggressive representation they need to get the compensation they deserve.
If you think you may have a faulty product claim, call the Law Offices of Roger Ghai at (770)792-1000.