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Cok Kinzler PLLP

Understand product liability to be able to make a claim

If you use a product that is sold by a local store, you expect that it will be safe when used as directed. When a product isn't safe and leads to injuries, that's a big problem that has to be addressed.

There are several parties who could be held liable if you suffer injuries as a result of problems with a product. Some of those who may be liable include:

  • Retailers
  • Assembly or installation teams
  • Wholesalers
  • Product manufacturers
  • The manufacturer of certain components included in the product

In some cases, you will be responsible for proving that a defect led to your injuries. There are three kinds of defects including:

  • Marketing defects, where the product is marketed incorrectly through improper labeling or other issues
  • Manufacturing defects, where defects occur during the physical creation and assembly of the product
  • Design defects, where the design is unsafe

If you are able to show that the product is inherently dangerous because of one of those defects, then you may have a strong case.

Not every case requires you to prove that the manufacturer or others involved were negligent. In some cases, strict liability will come into play and allow you to pursue a claim even if the only thing you can do is show that the product is defective.

What can you do if you're hurt because of a product with a defect?

Your first step is to seek medical care and to keep those records. You can then give copies of those records to your attorney to start the claims process and work toward seeking compensation.

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