Who Is Liable When a Product Defect Causes Personal Injury

A product defect is a fault in an item that makes it not safe for use. Unfortunately, product defects have often resulted in an injury or death to the user or those around them. 

Finding out the party liable for an injury caused by a product defect can be a challenging ordeal. Often, products undergo several processes, from design to distribution, before making their way into the victim’s hands.

Knowing the different types of product defects can help determine which one may be a ground for making a personal injury claim. Read on to learn about these types and who potentially holds liability for the accident. 

Types of Product Defect

  • Design Defect

The design of a specific product can make it unsafe. This type of defect commonly happens when insufficient research and testing was done during the conceptualization phase. 

  • Manufacturing or Production Defect

Sometimes, the error leading to a defect can happen during the manufacturing stage. Products that were well designed can still face flaws when low-grade materials or substances are incorporated into making them. Accidents while using an item can also result from skipping (intentionally or not) any component or step that should have been included in the manufacturing process.

  • Labeling Defect

Regardless of the type of item, putting appropriate labels is a crucial part of any safe and responsible consumer goods production. Warning labels and hazard reminders should be adequately indicated on the product packaging to ensure that users are informed about the correct and safe use of the item.  

 

Liable Parties for Product Defects

To help you file a product liability claim, you must have an idea of the parties who may be responsible for the personal injury. They include the following:

  • Parts Designer or Manufacturer

If a specific product component caused the injury, you could check if this part is manufactured by the same company responsible for the production. In the case that a different company designs or manufactures that part or component, you can include them in the product liability lawsuit. This information will help you in seeking the compensation you deserve. 

  • Product Manufacturer

Most of the time, you can already seek responsibility from the main company producing the item. Even when the defect is caused by a faulty design, the product manufacturer may still be liable for failing to assess the quality of the parts they are using. 

  • Vendor or Distributor 

Sellers of an item can be responsible for a product defect resulting in personal injury in the case of either of two situations: they have knowledge of the flaws of the item, or they inflict (knowingly or otherwise) damage on the product, rendering it dangerous. A vendor or distributor may be partially liable in any of these scenarios.

Conclusion 

Personal injuries from product defects are avoidable if only those responsible took the proper measures to ensure an item’s safe usability. These kinds of accidents can be a challenging experience and may take a toll on a personal injury victim’s health and livelihood. For this reason, it is essential to know their rights in seeking liability and demanding rightful compensation.

If you or someone you know is going through this ordeal, a product liability lawyer can help. They are knowledgeable and skilled in investigating, negotiating, and taking the right action to support your claim. You can also count on them to work with your best interests in mind since it is no secret that huge manufacturing corporations often try to escape accountability or pay an amount less than what you are entitled to. 

Do not hesitate to contact Swiney & Bellenger if you need a personal injury lawyer in Birmingham, AL. Our personal injury and worker’s compensation attorneys are ready and committed to assisting you. Schedule a free consultation with us today.

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DISCLAIMER

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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