If a product is deficient, there is a possibility it could lead to a personal injury. When a consumer buys a product, the expectation is that the product is able to meet certain safety requirements. When the manufacturer puts out a product that enables a certain unexpected danger, or risk attached to it, the person who bought that product, more than likely has a cause of action against the seller. There are two types of liability in a product liability case, the first is when there is an inherent fault in the product being sold on the market. The other is a product that may not have an inherent fault, but did not give enough warning about the dangers of the product before releasing the product to the public. The main question is, is the product defective?
This is one of the biggest questions in a product liability suit, and they can be difficult to prove if there is a defect or not. A defect is usually one that the manufacturer did not attend to have. But why is it a challenge? Let’s take a look at an example, if a car’s braking system does not work properly and causes the plaintiff to have an accident Even if the manufacturer of the brake did not intend for brakes to malfunction, the strict liability doctrine in products liability law could render the manufacturer liable. But, as with a lot of car accidents, there are a lot of contributing factors. The manufacturer could argue that the plaintiff could have avoided the accident if they reacted quicker. This could severely reduce the plaintiff’s chances of recovering the damages. There are also instances where the car is heavily damaged, that it is impossible to tell what caused the accident.
Whether you are injured in an accident due to a product defecting, or were involved in another personal injury situation. Contact the Law Offices of Nicholas J. Del Pizzo today!