You Have Rights Under the Strict Liability Doctrine
If you suffered injuries due to a dangerous or defective product, you have the right to pursue legal action against the manufacturer. Most defective product cases are governed by the principle of “strict liability.”
With strict liability, there is no need to prove that the manufacturer acted negligently. Instead, the central issue is whether the dangerous or defective product caused your injuries. Our personal injury lawyers can use your proof of purchase statement, medical records, and damages receipts to support your case.
These Elements Could Have Produced an Unsafe or Faulty Product
Examples of dangerous or defective products could include medications, vehicles, children’s toys, and more. Not all products are dangerous for the same reasons. There are different types of flaws, and each of them has the potential to cause serious bodily harm.
These cases could include defective designs, manufacturing defects, or defective marketing.
Defective Design Means the Project was Poorly Designed
Some products are inherently dangerous due to a design flaw. In some cases, the design process could be rushed. In others, a design might not have been adequately tested before it was approved. When a product’s design is unreasonably dangerous, it could result in a successful personal injury lawsuit.
Manufacturing Defects Could Happen at any Time in the Supply Chain
Not all defects occur during the design process. Any defect that occurs after the design phase is known as a manufacturing defect. This type of defect covers more than just the process of physically manufacturing an item.
These defects could also occur elsewhere in the supply chain, including when the product was stored or shipped. Manufacturing defects could impact an entire product line or a small number of items.
Defective Marketing Could Result in Misuse
When it comes to product liability cases, the term “marketing” refers to the labels and instructions that come with a product. If a product is dangerous if used in a certain way, it is important for the manufacturer to warn the public of the risk.
A defective marketing case might also involve the lack of instructions for using a product. It is unreasonable to expect a consumer to use a product as intended if the item’s instructions are unclear.
Could You Have a Case Even if the Product Wasn’t Recalled?
As noted, you could have a case even if the dangerous or defective product in question was not recalled. The U.S. Food & Drug Administration (FDA) “tests” many of the products available on today’s market. However, with millions of products for sale, the FDA does not have the resources to test everything.
So, a product could be on the shelves for years before it’s taken off the market. Sometimes, a product could injure dozens of people before anyone suspects a defect. In either case, you have legal rights to use a product and be free of harm.
You Could Recover Compensation Due to a Defective Product Injury
The attorneys of Rosenberg & Gluck, L.L.P. could help you pursue financial compensation following an incident with a defective or dangerous product. If you are ready to learn more about how our defective product lawyers serving Nassau County can aid you, dial (516) 451-7900. Your first case review with our team is free.
