The Role of Auto Defects in Car Accidents
Posted in: Legal Blog
Legal Help for the Injured
Being harmed by a malfunctioning product can result in a tremendous financial burden. No area of life is unaffected by medical bills to lost wages. Our skilled legal Cleveland product liability lawyers at Kisling, Nestico & Redick has over four centuries of combined legal experience. We will gather every detail, examining evidence to ensure that your case has the best possible chance of success.
When people buy a product, they hope it will function as advertised. In fact, most people assume that all products they buy work perfectly – that the days of malfunctioning toaster ovens and lemon cars are a thing of the past. Unfortunately, this is far from the truth. Many items do not function as intended, resulting in injuries that can range from minor to severe. In fact, according to the Consumer Product Safety Commission, thousands of products are recalled each year due to defects and dangerous characteristics. If you have been harmed due to a defective product, you may have a claim for compensation for losses sustained as a result.
To find out more about a personal injury lawsuit, call (216) 658-1330.
Product liability cases involve products that caused injury or death to people who tried to use malfunctioning or dangerous products. To have a valid case, you must prove that the defect in the product was the actual cause of the harm done.
Three major product defect types are common include:
When a product is being conceived, problems often go unnoticed. It may be too late when they are produced and made available on the market. Problems with the design of a product can lead to it being completely dysfunctional and harmful.
During the manufacturing process, things sometimes go wrong. A few units of an item could have sharp edges or the wiring plans could be executed incorrectly. In any case, poor production can lead to a number of dangerous flaws.
In many cases, products are falsely advertised. Sometimes promises are made in a warranty or a marketing campaign that are totally false. Whether it is subtle or blatant, inaccurate or misleading marketing can result in harm.
The Consumer Protection Act claims that all businesses are responsible for upholding certain safety standards. Furthermore, any business, provider, or retailer can be held fully accountable if a defective product leads to injury or death. However, in court, it must be proven that an injury directly results from a company’s negligence or recklessness. Explanations, otherwise known as theories, that are often used to describe cases of product liability include, but are not limited to:
Warranties make certain promises to consumers. They outline how a product will operate, whether or not it can be returned, and the various dangers of operating an item. When companies lie on these documents and an injury occurs as a result, the companies can be pursued for personal injury.
This theory relates to false advertising. In commercials and printed advertisements, lies are often told about a product. If someone is injured after operating the product in the way that it was portrayed, the company responsible can be held liable for certain costs.
Sometimes a product is sold when its defects are known. This is especially common in the sale of vehicles. If product malfunctions and an injury results, it can be argued that the company should have foreseen the malfunction.
The theory of strict liability calls upon the protections offered by the Consumer Protection Act. Those who create products have obligations to protect customers to a reasonable extent. Not doing so means that they can be held liable for injuries.
Fight for Everything You’re Owed
As the victim of a faulty product, you may wish to file a lawsuit in order to recover funds for certain losses. However, doing this on your own can be extremely difficult.
With mountains of paperwork and complicated legal procedures, obtaining the help of a skilled Cleveland product liability attorney can make all the difference. At KNR, our dedicated team will devise a legal strategy to give your case the best possible chance of success.
In cases of product liability, people often attempt to seek compensation for the following:
Our client was wearing a Phillips Life Line (Auto Alert) when she had a stroke. The Life Line…
What Makes KNR Special?
At Kisling, Nestico & Redick, we understand how difficult these situations can be. With high costs, stress, and strained relationships, it is easy to become overwhelmed. Our team of Cleveland personal injury lawyers will handle every aspect of your case, from gathering initial evidence to taking it to trial, if necessary, in order to achieve the best possible result for you.