Generally, a products liability claim will fall under one of three categories:
1. Design Defects – present in a product from the beginning, even before it is manufactured, in that something in the design of the product is inherently unsafe,
2. Manufacturing Defects – those that occur in the course of manufacturing or assembling a product, and
3. Marketing Defects – flaws in the way a product is marketed, such as improper labeling, insufficient instruction on the use of the product, or inadequate safety warnings. Products liability cases include, but are not limited to, faulty car manufacturing, exploding e-cigarettes, exploding vaporizers, tobacco products, silicone breast implants, asbestos building materials, faulty construction equipment, defective space heaters, unsafe food products, and any other products that injure a person through no fault of their own while the person is using for its expected or intended use.
Products liability is generally considered a strict liability offense, meaning that a defendant is liable when the injured person proves that the productive is defective, regardless of the defendant’s intent. You may have heard of children’s toys and automobiles being recalled for safety concerns; these are all examples of defective products. If you or someone you love has been injured by a defective product, contact the attorneys at McCulloch Law, P.A. so that they can investigate the product and the injuries it caused.
Following an injury due to a defective product, it is important to document the injury by taking photographs of product and your injuries; this evidence may be of great use in your case. Make sure to keep the defective product as this will assist your attorney in his or her evaluation of the case. Failure to keep the defective product may also result on legal consequences down the road. If you’ve been injured by a defective product, seek the appropriate medical treatment to not only receive the necessary treatment, but also in order to document your injuries.
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