While many defective products are ultimately harmless, a number of them pose a danger to consumers. When a product defect causes an injury to you or a loved one, you could be entitled to recover compensation. When this occurs, contact a Southaven defective products lawyer about holding the manufacturer or seller responsible. While the defendant in a product defect lawsuit is typically a large company, an experienced Board-certified personal injury attorney like David E. Gordon can help level the playing field by proving the defendant is responsible for your injuries.
Proving a Product Defect
A product defect occurs when it is still under the manufacturer’s control. Product defects can come in the form of a manufacturing defect, design defect, or failure to warn. A client can determine which of these defects is responsible for an injury by talking with a Southaven product liability lawyer.
Manufacturing or Design Defect
A manufacturing defect happens when something goes wrong in the production of a product. Typically, the manufacture of a single product strays from the design and it becomes dangerous as a result. When a product’s overall design makes it dangerous, the manufacturer is responsible for a design defect. To prove a design defect, David must establish that there was no safer, affordable alternative way of constructing this item that did not put people at risk.
Failure to Warn
Manufacturers are required to warn of the potential dangers arising from the use of their product (Mississippi Code Annotated § 11-1-63). The warning must be easy for the consumer to find and cannot contain any hidden language. The manufacturer’s label needs to only warn of dangers associated with the foreseeable use of the product. A manufacturer does not have to warn of dangers arising from uses that they could not have anticipated. When the consumer uses a product in an unforeseeable manner, they assume the risk of injury.
What to Expect in a Defective Products Lawsuit
Generally, manufacturers do not just settle the case immediately. Therefore, the client must go through the litigation process to recover compensation from the defendant. Deciding whether to settle or litigate a products liability claim should only be done with the advice from a local defective products attorney.
Once a lawsuit starts, the parties will exchange information about the product and the client’s injuries. During discovery, they may have to participate in a deposition and a medical examination. A deposition involves answering questions from the defendant’s attorney, mostly about the specific injuries and what caused them. The defendant is also entitled to have an independent doctor examine the client’s injuries.
Once the discovery phase is over, the client’s role in the lawsuit lessens. As each side has more information, the attorneys should begin to negotiate towards a settlement. The law requires that every offer the defendant makes is communicated to the client, and they must approve of any final settlement.
If the two sides cannot arrive at a settlement, they will go to trial or use mediation. Mediations involve a neutral third party working with each side to arrive at a fair settlement. If this fails, the two sides will go to trial. At trial, the client will have to testify about what happened, how they were injured, and how the defective product affected their life.
Hire a Southaven Defective Products Attorney
The Law Office of David E. Gordon can provide your case with the advantage needed to recover compensation. Do not let the negligent party get away with causing your injuries. A Southaven defective products lawyer is ready to help you fight for the economic security that you deserve.