Product Liability explanation

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Defective Design of a Product

Product liability covers so much, that it is hard for the average person to describe. Do you remember the old story about the six blind men who held on to the different parts of an elephant and all walked away with a different impression of what an elephant was? That is pretty similar to product liability. All of us have experienced it on some level, yet it encompasses so much more than our singular experience. Today we will focus only on defective design.

The law necessitates that manufacturers and sellers of products must make sure that their products are not in any way harmful, defective, or dangerous for consumers. Companies are required to provide a specific warning if any part of their product is unsafe; or if using the product in a certain way could be hazardous. It has be documented time and again that many of the injuries or deaths related to defective products could have been avoided if manufacturers and sellers followed the law, and properly warned users of product dangers.

When an injury or death is the result from use of a product that had a defective design, the claim is that the product functioned as intended, but the design was negligent. The understanding is that the manufacturer should have known that the design of their product was defective. It is surmised that their expertise made it foreseeable that the design could cause injury or death to the user. Once a hazard or design defect is identified in a product, the design engineer must follow an accepted protocol that is recognized by all design engineers; in an effort to reduce the possibility of the dangerous condition of the product causing injury or death. Designers are required to perform as follows:

  1. The dangerous condition must be designed out of the product if such can be done without destroying the utility of the product.
  2. The dangerous condition of the product must be guarded against.
  3. If the dangerous condition of the product cannot be guarded against, a warning must be given that the dangerous condition of the product can cause injury or death

The claims that are most commonly associated with product liability are:

  • Negligence
  • Strict liability
  • Breach of warranty
  • Various consumer protection claims

Most commonly, product liability laws are defined at the state level, thus they can vary widely from state to state. Each product liability claim requires different factors to be proven as a successful claim. If you feel that a product you have used caused injury or death, contact a personal injury lawyer for consultation.

An experienced law firm for product liability in Charlotte, NC

A Charlotte personal injury lawyer will intervene when products are lacking or defective. If you are looking for a personal injury lawyer with substantial experience with various types of product liability cases, consider the attorneys at The Olive Law Firm. They are skilled and qualified attorneys who have handled cases involving defective products, medical devices, and automotive parts. If you or someone in your family has been injured by a defective product, or if someone you love has died because of use of a defective or dangerous product, you should speak with an Olive Law Firm product liability attorney right away.


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