There is nothing more frustrating than coming home from the store to find the new gadget you have bought does not work. It may cause you to cuss and throw the ineffectual product against the wall. As you are on the way back to the store, your anger builds and you consider suing the manufacture of the piece of garbage. Unfortunately, certain conditions must exist for you to file a defective product lawsuit.
In order for something to be considered a defective product, it must actually cause harm to someone when they use it for whatever it is supposed to be used for. A person who has been harmed by a product would want to consider suing either the designer, the manufacture, or the company that marketed the product. Figuring out who to sue is the really difficult part.
Knowing Who is Responsible
If you have been injured by a product, you will want to read a bit about product defect lawsuits and contact a personal injury attorney in California who can help you with your case. When you have your initial consultation with your lawyer they will ask you some questions about your injuries. They will then have their legal research team investigate the product that injured you and figure out what when wrong and who to hold responsible.
Defects in the Design
A lot can go wrong when a product is in its blueprint stages. If the designer should have been able to see that a problem could occur, they are liable for any injuries caused by the product. Design defects are perceived as more maniacal than manufacture defects as manufacturer defects are generally not intentional.
The Ford Pinto was a famous design defect case. In 1978, Richard Grimshaw, along with other litigants, sued Ford Motor company charging that the company knew its gas tanks were not safe when they put them on the market.
The case began when a Pinto in which Mr. Grimshaw was a passenger was rear-ended causing the gas tank to explode, killing the driver, and injuring Mr. Grimshaw. It turned out the tank has exploded in several safety tests before the Pinto was released. The jury awarded the plaintiffs in this class-action lawsuit $127.8 million.
Defects in Manufacturing
Sometimes a product may be unsafe because of the way it was put together. Sloppy assembly is not something that a designer or consumer should expect. Manufacture defects are often fixable, and they can recall products when they find out there is a problem. It is when they do not recall products, they know are dangerous that they can get into trouble. Failure to warn consumers about defects can be grounds for a lawsuit.
Marketing Defects
It is always very important for a company to include instructions with its product. If a company that manufactures sleeping pills does not tell you how many to take, or a power saw does not come with safety instructions, they may be held liable if you are injured.
Defective products are often the catalyst for class action lawsuits, and they are very important for consumers. Consumer protections and changes to the law are often the results of a lawsuit. If you have been injured because of a defective product, it is important to talk to an attorney to protect both yourself and others.