Quincy Product Liability Attorney

Also Serving Clients throughout Norfolk County

Product liability refers to the responsibility that manufacturers have to make products that operate according to their original purpose and as advertised. When they do not, the results can be severe and catastrophic for any individual who is using this product. There are certain car seats which are the most recalled product in the United States due to many malfunctions. As you can imagine, the results of a car accident where a defective car seat was in use could result in the wrongful death of a child.

If you are injured by the reasonable and unknowing use of a defective product then the manufacturer may be held liable for your injuries. You may be entitled to collect monetary compensation for your injuries from the negligent manufacturer. It is important for you to obtain skilled legal representation throughout the duration of your case as you may be up against lawyers and attorneys who are only concerned with minimizing the damage done to their clients and are not concerned about your future at all.

What is Product Liability?

Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, retailers, and other parties involved in the production and distribution of a product for injuries or damages caused by that product. When a product is defective or unreasonably dangerous and causes harm to a consumer or user, the parties involved in bringing the product to market can be held liable for the resulting injuries or damages.

There are three main types of product defects that can lead to product liability claims:

• Design defects: These occur when a product is inherently flawed due to its design, making it dangerous even when manufactured and used as intended. An example could be a car design that makes it prone to rollovers.
• Manufacturing defects: These defects occur during the manufacturing process, leading to a product that deviates from its intended design and is therefore dangerous. For example, a medication that is contaminated during production.
• Marketing defects (failure to warn or inadequate instructions): These occur when a product does not come with proper warnings about potential risks or instructions for safe use. For example, a household cleaner that does not include warnings about mixing it with other chemicals.

Product liability laws vary by jurisdiction, but in general, they are intended to protect consumers from harm caused by defective products. To establish a product liability claim, a plaintiff typically needs to demonstrate that the product was defective, that the defect caused their injury or damage, and that they were using the product as intended or in a reasonably foreseeable manner.

Product liability cases can be complex, involving issues such as expert testimony, industry standards, and the interpretation of state and federal laws. It's important for anyone injured by a defective product to consult with a knowledgeable attorney who can assess their case and advise them on their legal options.

How Can I Win a Product Liability Case?

There are certain elements that you must prove in order to get compensated for a defective product. First, you need to show that you suffered an injury or some type of loss from the defective product. Without proof of actual injury or damages, you can't claim compensation. Medical records or insurance records may be able to help you verify your losses.

Next, you must demonstrate that the product was defective, which you can do in one of three ways. It could have a design defect, which would be an error in how a product was planned. A product could also have manufacturing error, which would be a problem in regards to how it is made. You could also show that the product had a marketing defect, which would mean that it did not have the proper warnings or instructions.

After proving that the product was defective, you must prove that the specific malfunction was the cause of your injury. This could depend on if you were using the product as it was intended. The court might look at a reasonable person's actions under the same circumstances. If you can prove all of these elements with the help of your Quincy product liability attorney at our firm, then you may be able to recover your losses.

Injured in a Case of Product Liability? Our Firm Can Help!

At Flanagan & Associates we are concerned with your future and you can be sure that if you choose to work with us, we will work to provide you with the representation that earns you reasonable compensation for the injuries you have sustained. We have seen the effects that serious injuries can have on families; you may be experiencing severe stress and anxiety regarding your financial situation if you are unable to work. We will work to see that you are compensated adequately so that you may provide for your family until you can get back on your feet.

Contact a Quincy personal injury lawyer from our firm today to discuss your injuries and how our firm can help you.