The Role of Auto Defects in Car Accidents
Posted in: Legal Blog
Legal Help for the Injured
Consumers expect products to function with a reasonable level of safety. When something malfunctions, it can cause shock as well as serious injuries. Many believe that product recalls are a thing of the past, but they are actually extremely common. Fortunately, it is possible to seek justice for injuries caused by malfunctioning products.
If you have been injured in a case of product liability, you may be able to obtain funds through a personal injury lawsuit in Ohio. Filing a lawsuit can seem confusing, and you may not know where to begin. Winning a civil suit can be difficult with mountains of paperwork and complex legal processes. This is where our Akron product liability lawyers at Kisling, Nestico & Redick can be of assistance. While you focus on your recovery, our dedicated legal team will handle your case’s legal aspects.
In the course of creating a product to sell to consumers, any number of things can go wrong. The machine constructing it might leave rough edges, or the product’s marketing team might engage in false advertising. While there are a number of reasons a product might malfunction, cases of product liability are similar. Each product liability case involves a defective product, an injury caused by that product, and a party responsible for the product malfunction.
In general, product defects can be placed into one of the categories listed below:
This type of malfunction typically involves inaccurate warranties and false advertising. When a warranty makes promises that are not kept, injuries can result. You might also be hurt when you try to use a product as shown in a commercial, and it does not function as expected.
When a product is being put together, there may not be adequate quality control. This lack of oversight can lead to a number of product defects, such as unstable assembly, sharp edges, and the inclusion of toxic materials.
Sometimes the flaw in a product can be traced back to the beginning. Much can go wrong when a product is being conceived. For example, the item might work in theory but completely malfunction once it is produced.
Both state and federal law require commercial producers to maintain certain safety standards. If these laws are broken when a defective product harms someone, those responsible can be held accountable in court. While the law is designed to protect consumers, it is often difficult to prove a case of product liability in court. As a result, product liability attorneys use theories or explanations that can be used to prove that a person or company should be held liable for a person’s injuries.
Theories of product liability include, but are not limited to:
This theory utilizes the protections outlined in the Consumer Protection Act, which state that companies have a professional obligation to protect the safety of consumers. If a defective product hurts you, the company should be held accountable.
Often, a product is shown doing things it cannot do. This is false advertising. If you attempt to use a product as shown in an advertisement and hurt yourself, you have a right to seek funds from the company responsible.
A warranty is a document that outlines how a product is supposed to function. When these documents are untruthful or lie by omission, the company responsible can be held liable for any deaths or injuries resulting.
In certain cases, the company producing a product may act or fail to act in such a way that injury is caused. Failure to take reasonable care or to properly investigate complaints may be a negligent activity for which a company can be held liable.
Fight for Everything You’re Owed
If you were harmed due to the negligence or irresponsibility of another person, you may choose to seek funds through a personal injury lawsuit. While this is an effective method for gaining compensation, the legal system can be difficult to navigate. In court, you must prove that a product malfunction caused by either a person or a company took place. You must also establish that the malfunctioning product directly caused your injuries.
You might be able to obtain funds by pursuing the following losses:
If a defective product killed your loved one, you may be able to obtain funds for the following through a wrongful death lawsuit:
Our client was wearing a Phillips Life Line (Auto Alert) when she had a stroke. The Life Line…
What Makes KNR Special?
At KNR, our dedicated Akron injury lawyers know how difficult these situations can be. With everything that is on your plate, you may feel as though taking legal action would add more stress. With centuries of collective legal experience, our legal team can make the process of filing a lawsuit as painless as possible. We will fight tirelessly to ensure that you receive the funds you deserve.