You use and consume countless products each day. Normally, you do so without fear that your safety or health are at risk — but when a product fails and harms you in some way, you may be entitled to compensation. If you’ve been injured by a defective product, you could have a product liability case on your hands.
Types of Product Defects
Design and manufacturing defects are commonly cited as the cause of injuries in product liability cases. However, even marketing defects could be to blame. For example, if a product was marketed for an intended use that then harmed you, you may have a product liability case.
Depending on the type of product defect, liability can fall to one or more of the following parties:
- The product’s manufacturer
- The product’s marketer
- A parts manufacturer or assembler
- A wholesaler or distributor for the product
- The retailer who sold you the product
Determining who is responsible can be tricky when so many parties are involved in the making and selling of products. Working with an experienced product liability attorney like Christopher W. Jeffress can help you identify all potential defendants and ensure you get what you’re owed for your injuries and other losses.
Proving Product Liability
In addition to determining who is to blame for a malfunctioning product, you will need to prove that the product was indeed faulty in some way. To do so, you will be asked to substantiate the following:
- Defect: The product you used was defective in some way. If you were injured by an inherently dangerous product, such as sharp tools or equipment, design defect may not be the culprit. This is especially true if proper warning labels and instructions were provided to you.
- Causation: A product’s defect caused you personal injury or other losses. A mild accident — such as a bruise or minor cut — or a product that almost caused you harm would not be subject to product liability.
- Injury: You must be injured because of a product’s defect, not improper use of a product. If you were using a product in a way that was not intended by the manufacturer — or in some other reasonable manner — you will not be able to pin your injuries or damages on the product.
- Duty: The seller and manufacturer have a duty to provide you with a safe product. If the product has clear warning labels and instructions, whether or not their duty was breached may come into question.
It’s important to note that if you purchased a used product through a grey or non-traditional market, you cannot pursue a product liability claim. By purchasing a second-hand product, the seller and manufacturer are no longer obligated to provide you with a safe product. This is because it was not their intent for the product to be sold in this way. Grey and non-traditional markets include garage sales and flea markets, outlet stores, secondhand stores and digital discount retailers.
Contact a Product Liability Attorney in Boulder, CO
Christopher W. Jeffress has been practicing law for more than 25 years, with seven of those years devoted solely to product liability. He will help you determine if you have a product liability case and how to pursue it. Call 303-732-6634 for a free case review.