We are a nation of consumers, living in a society where we depend on products that are manufactured and distributed by companies whose motive is generating profits—food, household goods, nursery items, toys, tools, cars, tires, appliances, phones, computers, pharmaceutical drugs, medical devices, electronics, and more.
How often do you give a thought to the safety of one of the many products you purchase? Most of us take it for granted that the products what we use every day are safe. Unfortunately, this may not always be the case. Sometimes, in the push for quick profits, businesses push items onto the market without sufficient testing to determine that they are safe. It is the responsibility of those who design, produce, and market consumer products to ensure that they do no harm. If a product does injure or kill someone, anyone along the chain from design to manufacture to distribution of the product can potentially be held liable for the damages it caused.
How Common Are Defective Product Injuries?
The U.S. Consumer Product Safety Commission (CPSC) reports that defective products kill more than 22,000 people die and injure another 29 million. Only after complaints are made do recalls occur; between two hundred and three hundred products are recalled every year.
Classification of Product Defects
Defendants can be held liable for product defects occurring in any of three areas: design, manufacture, and how the product is marketed to the consumer (failure to warn defects). The three categories are defined below:
- Design defects: a poorly designed product may be inherently dangerous, even if it is well manufactured.
- Manufacturing defects: a manufacturing defect occurs during the production process, resulting from lack of quality control, error on the part of a worker, or use of poor quality materials, for example.
- Failure to warn defects: when the instructions accompanying the product fail to alert the consumer to a possible hazard, and an injury occurs as a result, the injured person may assert liability based on a failure-to-warn defect.
Your Rights When You’ve Been Injured by a Defective Product
Because companies that produce consumer goods are legally responsible for the safety of their products, if you or a family member has been injured or killed because of a defective product, you have the right to make a claim to be compensated for your economic and non-economic damages. To do this, you will generally need to retain a Providence personal injury attorney. Although there is nothing preventing you from negotiating a settlement on your own, this could be a costly mistake. A personal injury attorney who regularly takes on product liability actions understands the full value of your case and knows how to deal with companies and their insurers to obtain a fair settlement for you. Your attorney also has the ability to take your case before a jury, if that is what is necessary to secure and adequate recovery to compensate all of your damages.
Understanding Strict Liability
Unlike car accidents, premises accidents and other typical personal injury cases, you do not need to prove negligence to be awarded damages when you’ve been injured by a defective product. That’s because in product liability actions, the legal doctrine of strict liability applies. You are only required to prove that:
- Some defect in the product cause it to be unreasonably hazardous;
- You used the product, unaltered from its original condition, for the purpose for which it was intended.
- Because of the defect, using the product caused you to be injured.
- You suffered real and demonstrable damages as an immediate result of your use of the product.
Your attorney will conduct an examination of the product, often with the assistance of industrial engineers, to determine where and how the defect occurred, and will bring a civil action in your behalf against the designer, manufacturer, packager, or retailer of the product, or all of these.
Product Liability Experience is Essential
When looking for an attorney to represent you, for the best results, choose one who has many years of experience and whose law practice dedicated exclusively to product liability and other personal injury work. Product liability cases can be difficult and complex, require an expert investigative team and a detailed understanding of this specific area of law.
Legal Product Liability Representation in Providence, Rhode Island
For experienced legal advocacy in a defective product case in Rhode Island, contact the Resmini law firm in Providence as soon after the accident as possible. With more than 40 years of personal injury law experience, the Resmini firm is one of Rhode Island’s premier personal injury firms, with a stellar record of millions of dollars in total recoveries for thousands of satisfied clients. Call to arrange a free consultation with one of our highly experienced attorneys to learn everything you need to know about asserting your legal right to compensation for your damages. Time to file your claim is limited by state law, so call (401) 751-8855 today.
