Product Defect Lawyers
Product defects occur with surprising regularity. But when companies put profits ahead of people, they will often cut corners in designing, testing, and manufacturing products.
When a defective product causes an injury, you will not need to prove negligence. Instead, you and your lawyer only need to prove the existence of the defect and a causal link between the defect and your injuries.
California law recognizes three types of defects:
Design Defect
A product has a design defect when it has no reasonably safe use when used in its ordinary or expected manner. A product may also have a design defect when its risks far outweigh its benefits.
The game of lawn darts is the classic example of a product with a design defect. But many other products were found to have defective designs, including asbestos brake pads and morning sickness medication that caused birth defects.
Manufacturing Defect
A product has a manufacturing defect when the product contains an unintended flaw that causes it to be unreasonably dangerous. Manufacturing defects are different from design defects because manufacturing defects usually only affect a particular lot of products.
One example of a manufacturing defect includes tires that had too little adhesive applied to the tread layer at the factory. Another example is a pharmaceutical product that was adulterated with a foreign substance during packaging.
Warning Defect
A warning defect happens when the manufacturer fails to explain the safe manner of using the product. It can also happen when the manufacturer fails to explain when some ways of using the product are unsafe.
The best-known warning defect case involves cigarettes. Documents uncovered in tobacco litigation revealed that cigarette makers knew of certain dangers to smokers and suppressed the information, rather than warning their customers.
Types of Injuries Attributable to Defective Products
When you file a product liability lawsuit, you and your lawyer need to establish a causal link between your injury and the defective product. These injuries can be linked to a single incident or exposure over time. Some types of injuries you can link to defective products might include:
- Cancers from carcinogen exposure
- Chronic diseases from toxic exposure
- Repetitive stress injuries
- Hearing damage
- Lung damage
- Burns
- Fractures
- Lacerations and contusions
- Blast injuries
- Loss of body parts
- Scars and disfigurement
To establish a link between your injuries and the defective product, you and your lawyer may need an expert witness. For example, you might have a research doctor testify about the link between a pesticide you used and your cancer.
Hiring Product Defect Lawyers
Product liability cases can be difficult. Large companies often employ an army of lawyers to defend the company’s products. A product defect lawyer can help you to develop the evidence you need to prove that a company caused your injuries.
Contact us to learn more about product defect cases or to schedule a free consultation.