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Memphis Product Liability Abogado
Some products are clearly dangerous to our health: lawnmowers, sharp power tools, and dangerous chemicals all inform us of their dangerous properties through the use of warning signs and labels. Other products, however, may be just as dangerous but appear innocuous: a glass jar may shatter and cause serious cuts when it is opened, a battery may have a small acid leak and cause burns to someone who handles it, or a household cleaner may not be labeled properly and become extremely toxic when mixed with other substances. Any one of these instances can result in serious injury to you, the consumer.
A product liability lawsuit seeks to hold the manufacturer of a product responsible for the injuries its dangerous product causes. Learn more about product liability cases by contacting Douglass & Runger, Licenciados en Leyes, today.
Types of Defects in Product Liability Cases
In a product liability lawsuit, the injured consumer (referred to as the “plaintiff”) alleges that the company (the “defendant”) manufactured and/or distributed a product that had one or more defects and this defect(s) caused the plaintiff to suffer an injury. Defects can be described in one of three ways:
- A design defect occurs when a product’s design makes it unreasonably dangerous to a consumer. A product with a design defect can be produced precisely according to specifications and remain dangerous.
- A manufacturing defect occurs when the product as designed is safe but a particular product is not manufactured or assembled in accordance with the design plans. As a result, the particular product is dangerous when used for the normal purpose(s) for which it was intended.
- A labeling defect exists when the product fails to carry important warnings or advisory notices that alert the consumer to the product’s dangerous conditions.
Basics of Product Liability Cases
A successful product liability lawsuit requires the plaintiff to prove that the product that caused his or her injury was distributed in a defective condition or an “unreasonably dangerous” condition. This burden can be met by proving:
- A product was sold in a condition that was more hazardous than an average consumer would expect it to be;
- Had a reasonable manufacturer been aware of the defect that manufacturer would not have sold or distributed the product; and/or
- The product’s defect rendered it dangerous for normal or ordinary use.
A careful and thorough review of the facts of your case will reveal whether the manufacturer can be held “strictly liable” for your injuries. This means that you do not have to prove any negligence on the part of the manufacturer in order to recover damages. Typically, this is available only where it is clear that the product left the manufacturer’s care and control in an unreasonably dangerous condition or with the defect that caused you injury. If someone else took the product and modified it or opened it (for example, if another manufacturer took the defective part and modified it from its original state by making it part of another finished product), holding the manufacturer strictly liable may be more difficult.
Even if you cannot hold the manufacturer strictly liable for your injuries, you may still be able to bring a product liability case against the manufacturer and prove it acted negligently or recklessly in designing or manufacturing the product. There may also be other legal theories that would enable you to recover damages.
How a Memphis Product Liability Lawyer Can Help You
The skilled team of legal advocates at Douglass & Runger, Licenciados en Leyes, knows that product liability cases can be complex and require expert testimony from engineers and other professionals. We have the resources and experience necessary to help you obtain compensation for your losses, expenses, and injuries. Contact Douglass & Runger, Licenciados en Leyes, today by calling (901) 388-5805.