When you buy or use a product, you have a reasonable expectation that you will be able to use that product safely as intended. While the vast majority of times that is the case, sometimes products are defective, and that can put your health and safety at risk.
If you’ve been injured and can prove a product is defective, you have a strong case for collecting damages as a result. Specific laws will vary from state to state, but a seasoned lawyer with experience in dealing with defective products will be able to make a strong case on your behalf based on proving that a product is defective in one of three ways:
Defects in the design of the product.
Before a product is actually put together, it is possible that there is already a flaw in its design. Tobacco products are a perfect example of a product that is flawed from the very start.
Defects in the manufacturing of the product
When a product is designed properly, but manufactured poorly, perhaps by using inferior materials, or by a flawed assembly process, a manufacturing defect can occur.
Defects in the marketing of the product
When a product is presented to the public in such a way that advertising claims are false, or the product instructions are false or misleading, there could be a marketing defect. A common example of this occurs in prescription drugs that do not disclose usage warnings adequately.
By proving any one of these defects and thus making the case that a product is dangerous, a lawyer will be able to seek compensation for the victim that can include the recovery of lost wages and payment of medical bills. Although more difficult to put a price on, a victim may also be able to collect for emotional distress and pain and suffering.
Choulos, Choulos & Wyle proudly serve clients in San Francisco, Oakland and in cities throughout the Bay Area.
