As a consumer, the last thing that you ever expect is for a product that you use to cause you harm. Yet millions of products are recalled every year, many because they pose a serious threat of harm to consumers, and some because they’ve already caused consumer injuries. At the law office of Sabbeth Law, our Hanover, New Hampshire products liability lawyers know that being harmed by a product can be a shocking and devastating experience. For help understanding your rights to bring forth a products liability claim and the types of damages that you can recover in a products liability case, call our law firm directly today.
Types of Defective Products
The list of product types that could be potentially defective is endless. Types of defective products include, but are certainly not limited to:
- Baby furniture;
- Medical devices; and
Types of Products Liability Claims
When a person has a product liability claim, they are alleging that they used a product, the product was defective in some way, and that defect caused them harm. There are three types of product defects that are acknowledged in product liability claims:
- Design defects. Design defects refer to defects in the way that a product is designed; as such, these types of products are inherently defective. For example, a vehicle that is designed to be top-heavy, and is therefore at an increased risk of a rollover accident, is defectively designed. Or, a dresser that is designed so that it tips when pressure is applied to the front, putting toddlers and small children at risk, is inherently defective.
- Manufacturing defects. The second type of product defect that exists is a manufacturing defect. A manufacturing defect is a defect that refers to a situation in which the product was designed to be safe, but something happened along the manufacturing process to render the product defective. For example, if an airbag is designed to deploy on impact but the sensor that is installed isn’t programmed correctly, the airbag may not deploy, putting vehicle occupants at risk. Similarly, if adhesive is contaminated during manufacture, it may not be as effective. If the contaminated adhesive is then applied to tires, the tire tread could separate when a vehicle is in motion, leading to a tire blowout.
- Labeling/warning defects. Finally, the third type of product defect that exists is a labeling or warning label defect. In this type of defect, the use of the product contains some level of risk. For example, using a hairdryer poses a risk of electrocution if the hairdryer is placed near water. Or, using certain prescription medications may lead to certain side effects. While these risks may be outweighed by the benefit of using the product, the manufacturer has a duty to provide information about safe use of the product and the nature of any risks. If they don’t and a user is harmed, the user has a products liability claim against the manufacturer.
How to Win a Products Liability Case
Unlike many other types of personal injury claims in which a claimant needs to prove the negligence of the defendant in order to recover a settlement, most products liability claims are based on strict liability. This means that the claimant only needs to prove that a defect existed; not that the defendant knew of the defect or should have known of the defect and had an obligation to remedy it. Instead, in order to win a products liability case in Hanover, you’ll need to prove:
- You were using a product as intended;
- The product was defective;
- You suffered injuries and damages;
- You would not have suffered those injuries and damages but for your use of the defective product.
That’s not to say that negligence will never play a role in a products liability claim. For example, you could hold a distributor of a product partially liable for your injuries if they knew of the defect yet distributed the product to you regardless, even though they didn’t manufacture the product.
Our Products Liability Lawyers Can Help
At the law office of Sabbeth Law, our products liability lawyers can help you to understand your rights and your options when you’ve been harmed by a defective product. Our law firm has been nationally recognized, we use the best experts to build your claim, we gather evidence and beat the other side in putting together a compelling case, and our firm is structured for these types of cases. Our clients have been awarded seven- and eight-figure settlements as a result of our legal services.
To learn more about what to do after being harmed, call our Hanover, New Hampshire products liability lawyers at the office of Sabbeth Law for a free case consultation. We can come to you.