Whenever you purchase merchandise—be it a kitchen appliance, a motor vehicle, a vacuum cleaner, or anything else—you expect that it will be in good working order and free from defects. Unfortunately, defective products frequently cause injuries and illness to customers.
If a defective product causes you to sustain a severe injury or suffer an illness, you have legal rights and might benefit from speaking with a knowledgable personal injury attorney. A Manchester defective products lawyer could review the circumstances surrounding your injury and take action against the product manufacturer or distributor.
Types of Defective Products
Almost any product on the market could cause harm without proper manufacturing. Defective products that may cause injuries to consumers can include:
- Medical devices – defective medical devices can include implants, pacemakers, and other internal devices
- Safety equipment – defective safety equipment can include smoke detectors and fire alarms
- Drugs – defective drugs can include both over-the-counter and prescription drugs that have unexpected side effects
- Toys – defective children’s toys can include toys with small parts or toys that are capable of snapping or breaking easily
The consequences of defective commercial products may include spinal cord damage, traumatic brain injuries, disfigurement, blindness, and even death. An experienced defective products lawyer in Manchester could file a claim and pursue monetary compensation for a complainant’s injuries.
Theories of Liability
When it comes to defective product liability, different theories of liability may apply to certain cases. An injured party may file a claim based on any of these theories against any individual or entity that is part of the chain of distribution, including the distributor, manufacturer, retailer, or parts supplier.
Under a negligence theory of recovery, the injured victim must show that the responsible party failed to act reasonably in manufacturing, selling, distributing, or supplying the product.
Under a strict liability theory of recovery, the responsible party must have placed a dangerous or defective product into the marketplace. Furthermore, the product must have harmed someone who was using the product for its intended purpose.
Breach of Warranty
Finally, an injured person may claim breach of warranty after purchasing a defective product. A breach of warranty claim arises when a warranty states that a product is safe to use. When the product fails, and injuries occur, the injured person may bring a claim.
Proving that a Product is Defective
To show that a product is defective, the injury victim must establish that the at-fault person or entity is a “product seller,” such as a manufacturer, distributor, wholesaler, or retailer. The injured person must also show that the product was defective when it left the defendant’s control. A Manchester attorney could help injured victims obtain the evidence necessary to prove a defective product claim
Contact a Manchester Defective Products Attorney
Defective products can lead to serious injuries, pain, and suffering to consumers. Some injured victims, however, may have legal recourse.
A Manchester defective products lawyer could meet with you to discuss the circumstances of your claim, as well as the injuries and damages you sustained because of the product defect, and help build a case for financial compensation.