When a product malfunctions or is inherently dangerous due to a design flaw, manufacturing error, or inadequate warning, it can cause serious injuries or even fatalities. This is where product liability law comes into play.
Product liability holds manufacturers, distributors, and sellers legally responsible for the injuries or damages caused by defective products. These defects can turn everyday items into unexpected hazards, leading to life-altering consequences such as physical injuries, emotional distress, and financial hardship.
If you or a loved one has been harmed by a defective product, Parrish DeVaughn Injury Lawyers can help. We’ll guide you through the complexities of product liability law and work hard to help you receive the compensation you deserve.
Common Types of Defective Products
Defective products can be found in various industries and take many forms. Here are some common examples:
- Automobile Defects: This category includes vehicle components that can malfunction and cause accidents, such as airbags that fail to deploy, defective brakes, faulty seat belts, and tires that blow out.
- Medical Devices: When medical devices fail, the consequences can be devastating. Examples include defective hip implants that cause pain and require revision surgery, pacemakers that malfunction, and faulty blood glucose monitors that provide inaccurate readings.
- Pharmaceutical Drugs: Dangerous drugs can have severe side effects, including life-threatening health complications. This can include drugs that were improperly manufactured, contain harmful ingredients, or lack adequate warnings about potential risks.
- Children’s Toys and Products: Children are particularly vulnerable to injuries from defective products. This category includes unsafe toys with small parts that pose a choking hazard, car seats that fail to protect children in accidents, and cribs with design flaws that increase the risk of suffocation.
- Household Products: Everyday household items can also be defective and cause harm. Examples include faulty appliances that catch fire, furniture that collapses, and tools with design defects that lead to injuries.
- Industrial or Construction Equipment: Defective machinery and tools used in industrial settings or on construction sites can cause serious workplace injuries. This includes malfunctioning cranes, power saws with faulty safety guards, and defective safety harnesses.
These are just a few examples of the many types of defective products that can cause harm. If you have been injured by a product, it’s important to consult with an experienced attorney to determine if you have a valid product liability claim.
Types of Product Defects
Product defects can arise at various stages, from the initial design to the manufacturing process and even in the way the product is marketed. Here are the main types of product defects:
- Design Defects: A design defect exists when the product’s inherent design is flawed, making it dangerous even when manufactured perfectly. This means the problem lies in the product’s blueprint or original concept. For example, a car designed with a faulty braking system has a design defect.
- Manufacturing Defects: These defects occur during the manufacturing process, when the product deviates from its intended design. This could be due to substandard materials, improper assembly, or errors in production. An example would be a batch of medication contaminated during the manufacturing process.
- Marketing Defects (Failure to Warn): Even if a product is designed and manufactured correctly, it can still be defective if it lacks proper instructions or warnings about potential hazards. This includes inadequate labeling, missing safety information, or insufficient instructions for safe use. For instance, a cleaning product without proper warnings about its corrosive nature would have a marketing defect.
Understanding the type of defect involved is crucial in establishing liability and pursuing a successful product liability claim.
Who Can Be Held Liable in a Defective Product Case?
Determining liability in a defective product case can be complex, as multiple parties may be involved in the product’s journey from design to consumer. Here are some of the parties who may be held liable:
- Manufacturers: The manufacturers who design, produce, and sell the defective product are often the primary targets in product liability lawsuits. They have a duty to ensure their products are safe for consumers.
- Distributors: Companies involved in the distribution chain, such as wholesalers and retailers, can also be held liable if they knew or should have known about the defect but continued to distribute the product.
- Retailers: The stores or online platforms that sell the defective product directly to consumers can also be held responsible, even if they were not involved in the manufacturing or design process.
- Third-Party Maintenance Companies: In some cases, companies that repair or maintain products may be held liable if their negligence contributes to the product becoming defective and causing injury.
It’s important to identify all potentially liable parties to ensure that those responsible are held accountable for the harm caused by the defective product.
Legal Factors in Defective Product Cases
When pursuing a defective product claim, several legal approaches can be employed to establish liability. These include:
- Negligence: This theory focuses on proving that the manufacturer or other responsible party failed to exercise reasonable care in the design, manufacture, or marketing of the product. This could involve showing that the company knew or should have known about the defect but failed to take appropriate action to prevent it.
- Strict Liability: Under strict liability, manufacturers or sellers can be held liable for defective products even if they were not negligent. This means that the injured party does not need to prove fault or intent. Strict liability applies when the product is defective and unreasonably dangerous, and the defect caused the injury.
- Breach of Warranty: This theory applies when a product fails to meet the terms of an express or implied warranty. An express warranty is a specific promise made by the manufacturer or seller about the product’s quality or performance. An implied warranty is a guarantee that the product is fit for its ordinary purpose.
The experienced defective product lawyers at Parrish DeVaughn Injury Lawyers will carefully evaluate the circumstances of your case to determine the applicable legal theories.
Compensation Available in Defective Product Lawsuits
If you have been injured by a defective product, you may be entitled to various types of compensation, including:
- Medical Expenses: This covers past and future medical costs related to the injury, such as doctor visits, hospital stays, surgeries, medications, and rehabilitation.
- Lost Wages and Future Earnings: You can seek compensation for wages lost due to time off work and any future income you may lose due to disability or reduced earning capacity.
- Pain and Suffering: This category compensates for the physical pain, emotional distress, and mental anguish caused by the injury and its aftermath.
- Property Damage: If any property was damaged as a result of the defective product, you can seek compensation for its repair or replacement.
- Punitive Damages: In some cases where the defendant’s conduct was particularly reckless or egregious, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.
The specific types and amount of compensation you can recover will depend on the severity of your injuries and the specific circumstances of your case.
Steps to Take if You’ve Been Injured by a Defective Product
If you’ve been injured by a defective product, it’s crucial to take the right steps to protect your health and your legal rights. Here’s what you should do:
- Seek medical attention immediately. Your health is the top priority. Seek medical attention even if your injuries seem minor, as some injuries may not be immediately apparent. This also creates a record of your injuries linked to the incident.
- Preserve the defective product and any related evidence. Keep the product in a safe place and avoid tampering with it. Also, preserve any related evidence, such as receipts, packaging, instructions, and any documentation related to the product’s purchase or use. This evidence will be essential in building your case.
- Document your injuries, medical treatments, and other damages. Keep detailed records of your injuries, medical treatments, expenses incurred, and any other damages you have suffered. This includes photos of your injuries, medical bills, and documentation of lost wages.
- Contact an experienced Oklahoma City defective product lawyer to evaluate your case. An experienced attorney can help you understand your legal rights, gather evidence, and navigate the complexities of product liability law. They can also advise you on the best course of action for your specific situation.
Contact Our Oklahoma City Defective Product Lawyers
At Parrish DeVaughn, we have a proven track record of success in representing clients who have been injured by defective products. Our team possesses in-depth knowledge of Oklahoma product liability law and is committed to fighting for the rights of injured individuals. We are skilled negotiators and litigators, prepared to pursue the best possible outcome for your case, whether through a negotiated settlement or a trial.
Our client-first approach means that we prioritize clear communication, personalized attention, and compassionate legal service. Additionally, we operate on a contingency fee basis—with our No Fee Guarantee®, you don’t owe anything unless we win. This ensures legal representation is accessible to everyone, regardless of their financial situation.
If you or a loved one has been injured by a defective product, contact Parrish DeVaughn today for a free consultation. We’re ready to help you seek justice and obtain the compensation you deserve.
