We all have a right to expect that the products we use in our day-to-day activities are safe. It seems reasonable to assume that a product will function as intended as long as we follow the instructions. Sadly, this is not always the case. Defective products often hit the market due to manufacturing errors or design defects. When this is the case, a Jonesboro defective products lawyer might be able to help.
Defective product claims fall under the umbrella of product liability. This area of the law states that the makers of products have a duty to produce items that do not pose an unreasonable risk of harm to consumers. If they fail in this duty and an injury occurs, those makers are liable to provide compensation for the damage that they cause. Hiring a passionate personal injury attorney could increase a person’s chances to obtain the payments they need to set things right.
What Makes a Product Defective?
In short, a defective product is one that does not function as intended and causes an injury. However, arguing that an injury occurred while using a product is not sufficient to win a lawsuit demanding compensation. Instead, the law offers people two paths to connect a manufacturer’s actions to their losses: strict liability and negligence.
The first path is to argue that the maker is strictly liable for an injury. This means that the maker is automatically responsible for a person’s losses, regardless of their behavior. A strict liability claim is possible when the following three criteria are met:
- The defendant made the product;
- The product was defective when it left the maker’s control; and
- The product’s defective condition caused the injury.
A Jonesboro dangerous products attorney could help to investigate the maker’s manufacturing process to determine if they may be strictly liable for a person’s injuries.
The second path to success is showing that a maker was negligent in selling a defective product. In this scenario, the maker is not automatically liable but may be responsible if they used a defective design, or an error occurred in the manufacturing process. Hiring an attorney could help an individual to choose the theory of their case that best fits the facts that led to their injuries.
What Forms of Compensation Are Available in a Defective Products Case?
Regardless of the exact reasons that led to an incident involving a defective product, the maker is liable to provide compensation to make an injured person whole again. This means providing payments toward a person’s treatment that can bring them to a physical state similar to one they would be in if they had never suffered the accident in the first place. The most direct form of compensation is payments to cover medical bills. These include a ride in an ambulance, emergency room care, and rehabilitation sessions.
However, many people suffer losses that extend beyond the need for medical care. If an injury leaves an individual unable to work while making their recovery, a product maker must provide reimbursement for lost wages. In addition, many injuries are extremely painful and may result in a reduction in a person’s quality of life. A local defective products lawyer could work to accurately measure the impact of an injury and demand appropriate compensation.
Let a Jonesboro Defective Products Attorney Fight for Justice
Suffering an injury because of a defective product can be a scary and frustrating experience. It is easy to assume that the maker of the product is responsible for your losses. While this might be true, the product manufacturer could argue that you did not use the product correctly or that it was damaged while being shipped. As a result, obtaining fair compensation may be difficult.
A Jonesboro defective products lawyer could be your ally. An attorney could work to explain the law as it applies to your case and gather evidence that leaves no doubt as to who is responsible for your losses. Do not delay in beginning your legal claim. Reach out to one of our legal advocates today to learn more.