Consumers enjoy a wide array of products every year, brought to them by companies they trust. However, not all products endure development and manufacture without issue. In fact, some of the products that hit the shelves are downright dangerous and unsuitable for consumers to use. Because of this, an Olive Branch defective products lawyer could be a helpful resource to those who have experienced losses.
If you have been affected by a malfunctioning good, let experienced personal injury attorney David E. Gordon assist you in bringing a claim for compensation and holding those responsible for your accident liable for their negligence.
Types of Defective Product Cases in Mississippi
If a malfunctioning product harms an individual, they could be eligible to bring a personal injury claim against a variety of parties. Some common types of defect cases that appear in Olive Branch lawsuits each year include:
Design Defects
These defects are apparent when the blueprint for a product made it dangerous in some way from conception. If the good is hazardous due to the design and it causes harm, a plaintiff could bring a product liability claim against the designer of the product.
These types of defects are incredibly dangerous because, if one item has the mistake, most likely all of the other products under the same design will have it too. To determine if a product is dangerous in design, the claimant must prove that the blueprint of the product should have predicted danger.
Manufacturing Defects
These defects usually occur when there was an error in the assembly process. They uncommon due to the fact that many products are removed before they get put on the market.
A theory known as strict liability is permitted in these types of cases. The manufacturer could be held fully liable for the harm they have caused another indirectly. To recover damages, the injured claimant would only have to show that the manufacturer failed to ensure that their product was up to certain specifications or was produced incorrectly.
Failure to Warn
Lawsuits can also be filed by plaintiffs when a manufacturer has failed to warn the consumer that there are risks associated with using the product. This is why warnings and instructions should always be legible and state all the risks associated with using the product. A local legal representative could help determine which type of case an individual is dealing with.
Proving a Party is Liable in an Olive Branch Personal Injury Claim
Depending on the specifics of a claim, a multitude of different parties could be liable for a defective product injury, including the following entities:
- Manufacturers who are mainly multi-national companies
- Retailers selling the defective product
- Wholesalers, also known as the ‘middleman’ between a manufacturer and a retailer
A plaintiff bringing a product liability claim must be able to show that any of the involved parties have acted in a negligent way. Negligence stands at the center of all injury claims. If the manufacturer or other party has breached their duty and sold a defective product, a plaintiff must be able to show this and how their injuries stemmed from these negligent actions.
Class Actions vs. Individual Lawsuits for Malfunctioning Product Cases
Usually, only one party will bring a defective product claim against another. However, if a number of victims receive injuries due to the same product in a similar manner, they could come together to file a class-action lawsuit.
Filing one of these claims could ensure a better outcome due to having more evidence. If successful, each party would receive a sum of compensation for their losses. However, if an individual has received unique or catastrophic injuries, it may make more sense to bring a solo claim to recover the most amount of damages possible.
Recovering Damages with the Help of an Olive Branch Defective Product Attorney
If you have received serious injuries due to a dangerous consumer good, it could be beneficial to speak with an Olive Branch defective products lawyer. With the assistance of a resourceful attorney like David E. Gordon, you could obtain compensation for all of your losses, including medical costs of the present and future, lost wages, pain and suffering, and more.
Product liability claims can lead to substantial losses that you may not be able to afford on your own. Speak with a legal professional as soon as possible to protect your rights and get the recovery you deserve.
