An overview of defective product lawsuits

October 8, 2016

If you’ve been injured through the use of a defective product, you may have a strong case to collect damages as a result.  Although laws vary by state, a manufacturer or a seller of a product is liable if the product is deemed unreasonably dangerous and results in injury to its users.

A product can be classified as defective in three possible ways:

Design defect – This is when the product, from the start, is defective and dangerous.  Cigarettes are a good example of this kind of defect.

Manufacturing defect – This occurs when a product is designed in a safe way, but an error took place as the product was manufactured, producing a defect.

Marketing defect – As the name implies, this type of product liability takes place when there are false or misleading advertising claims, or product instructions are false or misleading.  A medical device or a prescription drug that fails to disclose usage warnings is an example of this kind of defect.

When you retain the services of a defective product lawyer, he or she will be able to seek compensation on your behalf in four different ways:

Lost wages – If you miss time at work due to being injured by a product, or if you have to go to doctor’s appointments after the fact, or if you are incapacitated on an ongoing basis, you can seek compensation for all of these issues.

Medical bills – This will include costs you have already incurred as well as any medical expenses in the future.

Pain and suffering – This is the part of compensation that is the most difficult to put a dollar figure on.  But you are entitled to seek payment for all physical discomforts and other negative effects due to a defective product.

Emotional distress – This deals more with the psychological aspects related to a defective product and includes suffering from anxiety, sleeplessness, depression, stress and other related maladies.

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