Product Liability: Who’s to Blame?

What should you do when a product you've purchased causes serious injury? Does the product itself have serious design flaws, or was something about the product overlooked during safety testing?

These are the questions asked by people who have been injured because of faulty products. The answers, however, may not be so easy to uncover. In some cases, the manufacturer may have sold the product to the public without knowing there was a problem. In some cases, greed replaces ethics, and manufacturers rush to sell the product before its safety can be verified, placing millions of people, including children, in harm's way.

Why Product Defects Occur

All products manufactured for use by humans must comply with safety standards and packaging and labeling requirements. But passing these basic requirements does not automatically certify a product as safe. Sometimes, safety standards are ignored to generate higher profits. Other times, a manufacturing malfunction may have caused the defect. Regardless of the intent of the manufacturer, liability for the injuries of others is a serious matter and manufacturers of defective products should be held accountable.

A product defect might be caused during the design phase or during the manufacturing phase. Products with manufacturing defects will vary in some way from other models manufactured by the company. Products with defects in design will look just like all the other products, with no obvious differences, because the flaw is in the design.

What To Do If You Are Injured

If you are a loved one has been injured by a defective product, what should you do? Some attempt to contact the manufacturer directly. But, as a lone consumer, this may not be the most effective way to get help. Who exactly do you speak to at the company? How do you know you've reached the right person? What will the company offer for your injury, not to mention potential lost wages, medical bills and pain and suffering? Some companies will simply offer to replace the product. This is hardly adequate in the face of serious injury.

The best way to approach the situation is by hiring an experienced defective product lawyer. Representation through an attorney sends a message that you are serious about the effects of your injury and its consequences, and you intend to hold the manufacturer responsible for their negligence. An attorney skilled in handling defective product cases knows how to use the proper channels to bring your injury to the attention of the manufacturer's corporate personnel and let them know they may be facing a lawsuit.

Recovering Damages

Depending on the extent of your injuries, the type of defect, and the nature of the product, your attorney's goal is to obtain compensation for your injuries to cover:

· Compensation for treatment expenses

· Property damage

· Lost income

· Pain and suffering

· Other consequences

Remember: It is your right to assume your personal safety when purchasing the manufacturer's products. Manufacturers who fail to meet this duty may be putting their company at risk for product liability lawsuits.