Products Liability

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At Bracken Law Firm, we are experienced and well-versed in all laws that protect and safeguard you against harm caused by defective products. When the usage of a defective product causes injury or harm to you or a loved one, several parties can potentially be held liable for the manufacturing and sale of that product. Manufacturers, designers, and even the sellers have an obligation to be aware of any known or suspected risk that might harm a user.

Where the product liability case is filed is important. That location and jurisdiction will determine who within the chain of commerce is liable for the harm done. A company or individual person can be liable for any product that causes you harm, from poorly designed medical equipment to food and beverages that cause food poisoning.

If you, your spouse, or loved one have been injured or harmed by a defective product, you may be entitled to compensation. At Bracken Law Firm, we have a successful history and ample experience litigating product liability cases and recovering compensation for our clients. We would be happy to listen to your story, provide our legal opinion and, when possible, provide legal assistance to get you the justice and compensation that you deserve.

Understanding Product Defects

If you, your spouse, or a loved one are injured or harmed by a defective product, there could be grounds to file a lawsuit against several parties, including the product designer, manufacturer, distributor, and wholesaler. Much depends on the specific type of defect and when it occurred in the chain of commerce.

There are two key types of product defects recognized under federal law:

Manufacturing Defects

Manufacturing defects are the result of an error that occurred during the assembly of the product. The error was unintended, and this type of defect generally is only found in a small percentage of products manufactured. The party that manufactured the product is liable for all manufacturing defects that occur, even when they took precautions, and the errors occurred accidentally.

Design Defects

A design defect occurs in the early stages of the chain of commerce, and it is an error in the blueprint for the product. This error is considered unreasonably dangerous, and it is a hazard for users. A design defect is usually found in all of the products that are manufactured using that original blueprint.

Categories of Product Liability Lawsuits

There are typically three different categories of product liability cases.

Negligence

In a negligence product liability lawsuit, you will need to prove that there was some type of carelessness in the manufacturing or design of the product that directly led to your harm and injury. The lawsuit must first establish that the defendant was required to sell a safe product. Then the lawsuit must establish that the defendant breached or failed at that duty and harm or injury to you resulted from that breach.

Strict Liability

In strict liability cases, you must only prove that the product’s defect exists and that you or a loved one were harmed and/or injured as a result. If there is such a defect, the manufacture can be held strictly liable for harm that resulted no matter if they took care and were extremely cautious during the manufacturing process. Strick liability only applies when the product is purchased within the chain of distribution. It does not apply when a product is purchased second-hand.

Breach of Warranty

When you purchase a product, two types of warranties apply. Those warranties are an:

• Express Warranty – Includes all representation about a product’s safety that is made by the manufacturer and the retailer.
• Implied Warranty – Includes an implied promise from the manufacturer and any other liable party stating that the product, when sued as intended, shall cause no harm.

Breach of warranty cases will cover any individual who is reasonably expected to buy or use the product.

Liable Parties in Product Liability Cases

Depending on the individual and specifics of your case, you may be able to seek compensation from more than one liable party, such as wholesalers, manufactures, and retail outlets. Any party that is involved in a defective product’s chain of commerce and distribution can be held accountable in a lawsuit. Such parties include:

Manufacturer – The manufacturer of a defective product can be a large multi-national company or one individual who is working from a garage as well as any parties that are involved in the design and marketing of a product. In some cases, if the product has numerous parts, you can file a suit against the manufacturer of the entire product as well as the individual manufacturers of the specific parts.

Retailer – Anytime that a retailer uses advertising to sell a product, they are implying that the product is safe for you to buy and use. When you purchase a defective product, the person or company that sold the product to you can be liable for damages even if they had no involvement in the manufacturing process.

Wholesaler – The wholesaler is the middleman between the retailer and the manufacturer. They also sold the product, implying that it was safe to use and can also be liable in some cases for any injury or harm that the defective product causes you.

Class Action Product Liability Lawsuits

A product liability lawsuit may be filed individually or as part of a larger class case when the product has injured many people in the same way. In this type of case, a small group of people will represent the entire body of people who have suffered the same injury. A class action product liability lawsuit is not typically used when an individual has a unique or severe injury from the defection product.

How We Can Help

With years of successful case experience and expertise in product liability law, Bracken Law Firm would be glad to help you by offering you a free case evaluation. We will listen to your story and determine how, if possible, we can assist you in obtaining the compensation that you deserve.


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