Sherwood Law Group ("SLG") provides personal injury services for products liability cases involving injuries that can include whiplash to fractured bones, ligament/muscular injuries, debilitating spinal injuries, disfigurement, mental trauma, and wrongful death. It is imperative that injured parties immediately seek counsel from an experienced attorney to preserve witnesses, evidence, and all legal rights.
Product liability refers to cases for injuries suffered as a result of a defective product against product designers, manufacturers, or even distributors. Products liability law is governed by a combination of federal and state laws, as well as common law principles.
To recover damages under product liability law, the injured party must prove that the product was actually defective and that the defect was a cause of their injuries. The injured party also needs to prove that the manufacture, seller, or distributor, knew or should have known about the defect but nevertheless failed to take appropriate action to fix the defect or to warn consumers about it.
What is a “Defective” or “Unreasonably Dangerous” Product?
A product is unreasonably dangerous or defective if it fails to perform in a manner reasonably to be expected in light of its nature and intended function.
There are three ways a product can be defective and unreasonably dangerous:
- Design Defects: These are defects that are inherent in the design of the product, and they make the product inherently dangerous or defective.
- Manufacturing Defects: These are defects that occur during the manufacturing process, and they result in the production of a batch of products that are different from the intended design.
- Warning and Instructions Defects: These are defects that involve inadequate warning labels or instructions, and they fail to adequately inform consumers of the potential risks associated with the product.
Product liability cases can be complex and may involve multiple parties, including the manufacturer, distributor, and retailer. If you have been injured by a defective product, it is important to seek the advice of an experienced product liability lawyer. They can help you understand your rights and options and advise you on the best course of action.
General Theories of Product Liability
There are three main theories of product liability that can be used to hold manufacturers, distributors, and retailers responsible for injuries or damages caused by defective products: strict liability, negligence, and breach of warranty.
- Strict Liability: Under strict liability, a manufacturer or seller is liable for injuries or damages caused by a defective product, regardless of whether they were negligent or not. This means that the plaintiff (the injured party) does not need to prove that the manufacturer or seller was negligent in order to recover damages. Instead, they only need to show that the product was defective and that the defect was a cause of their injuries.
- Negligence: Under the theory of negligence, a manufacturer or seller is liable for injuries or damages caused by a defective product if they were negligent in the design, manufacture, or sale of the product. To recover damages under this theory, the plaintiff must prove that the manufacturer or seller owed them a duty of care, breached that duty, and that their breach of duty was a cause of the plaintiff's injuries.
- Breach of Warranty: A warranty is a promise made by a manufacturer or seller that a product is fit for its intended purpose. If a product fails to meet this promise, the manufacturer or seller may be liable for injuries or damages caused by the defect. To recover damages under this theory, the plaintiff must prove that the manufacturer or seller made a warranty, that the product did not meet the terms of the warranty, and that the breach of warranty was a cause of their injuries.
What Our Attorneys Will Do For You
If you have been injured by a defective product, our attorneys can provide you with valuableassistance in pursuing a claim for damages. We will help you understand your rights and options and advise you on the best course of action.
Sherwood Law Group attorneys will handle the following for you:
- Investigating the Accident: We will investigate the circumstances of the accident and gather evidence to support your claim. This may include obtaining the product itself, examining the product's design and manufacturing records, and interviewing witnesses.
- Identifying the Parties Responsible: Our attorneys will identify the parties that may be liable for your injuries, including the manufacturer, distributor, and retailer of the product. We also will identify any other parties who may be responsible, such as contractors or subcontractors who were involved in the design or manufacture of the product.
- Determining the Appropriate Legal Theory: Our attorneys can advise you on the legal theory that is most appropriate in your case, such as strict liability, negligence, or breach of warranty. We will help you understand the elements of these theories and how they apply to your case.
- Negotiating with the Parties Responsible: Sherwood Law Group attorneys will negotiate with the parties responsible for your injuries to try to secure a fair settlement. We will also represent you in settlement negotiations and advocate on your behalf.
- Filing a Lawsuit: If a settlement cannot be reached, our attorneys will file a lawsuit on your behalf and represent you in court. We will adequately prepare and present your case, and will advocate on your behalf to try to secure a favorable judgment.
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