Product liability isn’t one of the more common types of personal injury case, but it does happen quite often. In some instances, these cases can also be very serious. Here are some things you should know about product liability from your personal injury attorney Tucson professionals.
Responsibility in a Product Liability Case
In order to have a product liability lawsuit, the defective product must have been purchased by someone in the normal course of business. This means that if you buy the product at a rummage sale, it may be more difficult bringing a lawsuit. But when it comes to proving liability or deciding who to sue for damages, the case gets a little more difficult. In many circumstances, you can choose anybody in the chain of possession, including the store that sold it to you, the manufacturer, the supplier or even the person who assembles the product.
Types of Defects
There is a wide variety of defects that can cause personal injury to someone. If you think you have a case against a company or manufacturer, it’s important to speak with a personal injury attorney Tucson professional to discuss the details. There are basically three main types of defects. The first is a design defect. This usually comes from the design stages of the product. There has to be something within the design that makes the product unsafe. Secondly is the manufacturing defect. These defects occur while the product is being made. Thirdly, marketing defects can include such instances as insufficient instructions, a lack of safety warnings or simply an improper label.
Warranties on Products
Many everyday items, such as toiletries, over the counter medications and other things, have an express warranty. This means that the seller gives a certain type of guarantee that the product will do what it says it’s going to do. There is also an implied warranty which states that the product being purchased is in proper working order and it will accomplish what it’s supposed to accomplish. If the products do not live up to their implied or express guarantees, the buyer may be eligible for filing a lawsuit.
Common Defenses
Just because you bring a product liability lawsuit against a company doesn’t mean you will win. There are several defenses your attorney will prepare for. For instance, did you misuse the product? Did you use it for a purpose that it wasn’t intended for? Or was there an implied risk of using the product? These are just a few of the defenses you should expect so you and your attorney can be prepared to argue against them.
If you think you have a personal injury case, contact the professional personal injury attorney at the Law Offices of Price and Price. They will help you obtain fair settlement for your claim.
