Defective Products Claims Attorneys
Syracuse, Binghamton, Watertown, NY
Montrose, PA
Manufacturers and retailers of the consumer products we use have a duty to ensure that those products are safe for us to use. Unfortunately, this duty is sometimes breached. Whether due to defects in design or manufacture, consumers often become sick or are injured as a result of using products that are assembled poorly or contain dangerous materials.
Types of defective product cases
There are three general categories of defective product cases: marketing defects, design defects, and manufacturing defects.
- Marketing defects describe problems with products that are advertised and marketed without sufficient warning about predictable risks or dangers of the product. This applies to cases such as drugs that are marketed without sufficiently warning patients of known side effects; devices that pose non-obvious dangers such as electrical shocks; or products that may be used in predictable but non-prescribed ways, such as decorative bowls that consumers might use to serve food.
In cases such as this, to prove liability, the consumer must establish that the risks were known or should have been known, and that the manufacturer and/or the retailer failed to take reasonable measures to either modify the product or warn consumers of the dangers.
- Design defects are intentional aspects of the product design that either introduce risks or that fail to sufficiently prevent them. This might include including features such as small, removable pieces in children's toys that present choking hazards; or failing to include reasonable safety measures, such as emergency shutdown mechanisms or safety guards on certain power tools.
- Manufacturing defects, unlike design defects, are not intentionally designed into a product, but are a result of poor quality control during the manufacturing process. Manufacturing defects might include cases in which foreign objects or toxic materials are introduced into a product or when products are poorly constructed in a way that might cause risks to the consumer.
Elements of a defective product case
Regardless of the specific type of product defect involved, if you or a member of your family were hurt by a defective product, you may be able to recover compensation for the damages you've suffered. Your first step, after seeking medical attention, is to contact an experienced attorney who has experience dealing with defective product cases. He or she will be able to help you navigate the legal system and gather the information and evidence you need to prove your case.
Individuals and their families who have been injured by defective products may be eligible for compensation for these and other associated damages:
- Hospitalization and other related medical expenses
- Ongoing medical care, including physical therapy
- Lost wages, both current and future
- Pain and suffering
- Funeral expenses in wrongful death claims
How to get help today
If you or someone you love has suffered from illness or injury as a result of a defective product, call or email The Stanley Law Offices today. We will review your case with you at no cost to you and help you decide how best to move forward.