Cases involving defective products encompass claims against manufacturers, distributors, or retailers for injuries or harm caused by defective products. These products can range from consumer goods like household items, electronics, and vehicles to industrial machinery, pharmaceuticals, and medical devices. A defective product claim is typically pursued when a person is injured or killed as a result of the use of a product that is considered to be defectively designed, manufactured, or marketed. A skilled attorney specializing in this field plays a critical role in representing injured individuals and helping them seek compensation for their injuries.

Understanding Defective Product Claims

Defective product claims are based on the principle of product liability law. Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries caused by their products. These claims often fall under three major categories:

Design Defects: This occurs when the design of the product itself is flawed, making it inherently dangerous or unsafe even when manufactured correctly. Examples could include a poorly designed child car seat or a defective electrical appliance prone to fires due to its design.

Manufacturing Defects: Manufacturing defects happen during the production process, resulting in a product that deviates from the intended design. For example, a batch of food containing harmful chemicals or an automobile with faulty brakes due to a manufacturing error could be grounds for a manufacturing defect claim.

Marketing Defects (Failure to Warn): Marketing defects occur when a product’s marketing fails to provide adequate warnings or instructions about the potential risks of using the product. This category includes improper labeling, lack of clear instructions, and failure to disclose side effects or risks associated with using the product. An example could be a pharmaceutical drug that fails to warn about dangerous side effects.

Key Legal Theories in Defective Product Lawsuits

In defective product lawsuits, plaintiffs can pursue claims under various legal theories, including:

Strict Liability: Under strict liability, a manufacturer or seller can be held liable for injuries caused by a defective product, regardless of whether they were negligent. The plaintiff does not need to prove that the manufacturer was careless or failed to follow appropriate procedures. Instead, they only need to show that the product was defectively designed, manufactured, or marketed, and that this defect directly caused their injury. Strict liability is commonly used in defective product cases and makes it easier for plaintiffs to pursue compensation.

Negligence: A negligence claim in a defective product case focuses on the manufacturer’s or seller’s failure to exercise reasonable care in designing, manufacturing, or selling the product. This may include things like inadequate safety testing, failure to warn about risks, or ignoring known hazards. In these cases, the plaintiff must prove that the manufacturer breached a duty of care and that this breach caused the injury.

Breach of Warranty: This legal theory involves a violation of an express or implied warranty. An express warranty is a specific promise or guarantee made by the manufacturer about the quality or performance of a product, while an implied warranty automatically arises under law. For instance, an implied warranty of merchantability ensures that a product is fit for ordinary use, while an implied warranty of fitness for a particular purpose guarantees that the product is suitable for a specific use as requested by the buyer.

The Role of an Experienced Attorney

An attorney specializing in defective product cases provides valuable services to clients who have been injured or harmed by defective products. Here’s how an experienced attorney can represent an injured person in a lawsuit:

Initial Consultation and Case Evaluation

The first step for any attorney representing a client in a defective product lawsuit is conducting an initial consultation. During this meeting, the attorney will gather relevant information from the injured party about the product, the circumstances of the injury, and the harm caused. The attorney will examine key details, such as the product’s design, how it was used, and the nature of the injury sustained. After evaluating the case, the attorney will determine whether there is sufficient evidence to move forward with a claim and what type of legal theory to pursue.

Investigating the Defective Product

One of the primary responsibilities of the attorney is to thoroughly investigate the defective product in question. This can include examining the product, reviewing its design and manufacturing process, and identifying any defects or failures that led to the injury. The attorney will also review documents such as safety records, consumer complaints, and reports from other injured individuals.

In some cases, the attorney may work with experts in the field, such as engineers, medical professionals, or accident reconstruction specialists, to provide insight into how the defect occurred and how it contributed to the injury. This expert testimony is crucial in establishing the defect and its causal link to the injury.

Gathering Evidence and Building a Strong Case

An experienced attorney will gather all necessary evidence to prove the case, including medical records, photographs of injuries, product documentation, expert opinions, and witness statements. If the plaintiff was injured while using the product, the attorney will secure any available physical evidence of the defect, such as a broken part, damaged packaging, or photographs of the product’s flaws.

In addition, the attorney may seek to uncover any evidence of prior incidents or complaints related to the product. This can help establish that the manufacturer or seller was aware of the defect and failed to address it, bolstering the plaintiff’s claim.

Negotiating with Insurance Companies and Defendants

Once the case is prepared, the attorney will attempt to negotiate with the defendant or their insurance company to secure a fair settlement. Skilled product liability attorneys have experience negotiating with corporate defendants and their legal teams, and they understand the importance of achieving a settlement that fully compensates the injured party for medical expenses, lost wages, pain and suffering, and other damages.

However, not all cases settle before trial, and sometimes litigation is necessary to ensure the plaintiff receives the compensation they deserve. In these cases, the attorney will file a lawsuit, represent the client in court, and fight for justice.

Taking the Case to Trial

If a settlement cannot be reached, then the case will proceed to trial. At trial, the attorney will present the case to a judge or jury, presenting evidence and arguing that the defendant’s defect caused the plaintiff’s injury. The attorney will also cross-examine witnesses and challenge the defendant’s arguments. Throughout the trial, the attorney will advocate on behalf of the plaintiff to ensure that their interests are protected and that they are fairly compensated for the harm suffered.

Pursuing Appeals and Post-Trial Actions

If a trial results in an unfavorable verdict for the plaintiff, the attorney can help pursue an appeal if there are grounds to challenge the decision. Additionally, if a settlement is reached, the attorney will ensure that the injured party receives the agreed-upon compensation and that any post-settlement processes are handled appropriately.

The Value of an Attorney as a Fierce Advocate and Compassionate Counselor

The most successful attorneys in defective product lawsuits not only possess the technical expertise to navigate complex legal matters but also have the passion to fight tirelessly for their clients. The ability to be both a fierce advocate and a compassionate counselor is essential for securing justice and providing emotional support to clients during what can often be a long and stressful legal journey.

Fierce Advocacy for the Client’s Rights

An attorney who is a fierce advocate is deeply committed to ensuring that the plaintiff’s rights are fully protected. They understand the intricacies of product liability law and are unafraid to challenge powerful corporate defendants who may try to minimize their responsibility or evade liability.

The attorney’s role as a fierce advocate involves being proactive in their approach—pushing for thorough investigations, uncovering crucial evidence, and holding defendants accountable for the harm they caused. They are not intimidated by large corporations or their legal teams, and they will tirelessly work to ensure that their client’s case is presented in the most compelling way possible. Their goal is to secure the maximum possible compensation for the injured party, which may involve aggressive litigation tactics, including taking the case to trial when negotiations fall short.

Compassionate Counseling and Client Care

While a strong legal strategy is crucial, an attorney’s role as a compassionate counselor is equally important. An injury resulting from a defective product can have profound emotional, physical, and financial consequences for the plaintiff and their family. An empathetic attorney recognizes the emotional turmoil and stress that clients face after a significant injury. They listen attentively, offer clear guidance, and provide support throughout the legal process.

Compassionate attorneys offer not only legal counsel, but also emotional reassurance. They ensure that their clients understand each step of the process, explain their options, and provide honest, realistic assessments of their case’s prospects. This guidance can alleviate anxiety and help clients feel empowered to make informed decisions.

By building a strong rapport with their clients, compassionate attorneys create a trusting relationship, enabling the plaintiff to feel confident in the attorney’s ability to handle their case with care and professionalism. This dual approach of fierce advocacy and compassionate counseling helps ensure that the client is not only represented in court, but also supported through the emotional and psychological challenges that often accompany personal injury cases.

Call Gunn | Slater So We Can Help

The legal practice area of defective products is crucial for protecting consumers and ensuring that manufacturers and sellers are held accountable for dangerous and harmful products. Through legal theories such as strict liability, negligence, and breach of warranty, individuals who suffer injuries from defective products can seek compensation for their losses.

At Gunn | Slater, we play a critical role in helping injured individuals navigate the complex legal landscape of defective product claims. From investigating the defect and gathering evidence to negotiating settlements or representing clients in court, we ensure that the rights of the injured are protected and that they receive the compensation they deserve. The pursuit of justice in defective product cases can be challenging, but with the help of the attorneys at Gunn | Slater, individuals who have been harmed by dangerous products can hold the responsible parties accountable and obtain the relief they need.