As a consumer, one of your most basic rights is to be safe while using a product and being injured through usage is a serious violation. Product liability deals with every level of manufacturing to determine the cause of a defect. An injury due to a defect or malfunction of a product results in liability from the responsible line of manufacturing. A damage can occur as a result of negligence or faulty warranty and strict liability is often put into place. After facing a personal injury from a product, immediate consultation with an attorney will allow assurance in a claim or litigation.
The three different defects that could cause injury are manufacturing, design, and marketing defects. Khorozian Law Group’s experience in handling product liability cases will allow you to determine the compensation available. Flaws in a certain product that lead to an injury can take place in any stage of the manufacturing or marketing process. Manufacturers and suppliers are all liable to be held accountable for any defect that a product presents.
Product Liability encompasses injuries caused by:
- Physical and tangible products;
- Medical products and devices;
- Intangible products such as gas;
- Naturals such as pets;
- Real Estate and property; and
- Writings such as maps.
For whatever defect the product has been proven to have, the person or group responsible will be held accountable and liable for prosecution. When anything from the design to the assembly of a product is faulty and causes injury, it could be the result of negligence. This is when a manufacturer is held responsible.
After proving that a product is defective for whatever reason, then compensation can soon be gained. According to the Uniform Commercial Code of Law Article II, sub-clause 5a a buyer has the right to give a seller a “written notice of litigation” in the case of a breach of warranty or safety.
A Breach of Warranty refers to:
- Failure of seller to fulfill promises made about product
- Lack of fulfillment on a claim
- Discrepancy in representation of quality of product
Misrepresentation in the safety or duties of a product in advertising or promotion is an offense where the seller is liable. When hazards of a product are either covered up or not properly clarified, injury and other negative effects from usage can occur. Strict or Strict Tort Liability is a kind of claim where a no-fault process is placed upon the victim.
Drugs or other medical products that are administered can also have serious risks of certain hazards have not been properly showcased. The manufacturers of hazardous medical equipment or drugs and the doctors administering are all subject to liability. When adverse effects of drugs or medical equipment are not made known, a personal injury statement must be put through.
With any personal injury claim, reports must be filed as quickly as one can to ensure litigation and the most lucrative investigation. The Khorozian Law Group’s expertise will hold all responsible parties accountable and provide compensation for lost wages, pain and suffering, and other losses during the use of a defective product. Through years of experience, we can help in the process of gaining settlement money along with litigation and justice for those responsible. Contact the Khorozian Law Group for a free consultation at (201)-944-9200.