Warning: The first thing which must be done by anyone considering a product liability claim is to PRESEVER THE PRODUCT. Many cases cannot even be attempted if the product has been disposed of or is altered after the injury. If you are considering whether you or a family member have a defective product claim, nothing is more important than immediately securing the product and establishing a chain of custody so that the defect can be proven and the manufacturer’s usual defenses can be rebutted.
When a product causes an injury because it fails to perform as a reasonable consumer would expect or is unreasonably dangerous, the damages caused by the defective nature of the product can be recovered in a legal claim asserted against the manufacturer and most subsequent sellers of the product. It does not matter whether the person who was injured purchased the product, as all expected end users of the product have the right to make a legal recovery for injuries caused by defective products.
Products can be defective in a number of ways. A product can be designed so that it is unreasonably dangerous. It can be designed without regard to state of the art safety innovations which could have reasonably been incorporated into its design. Manufacturing errors can occur where defective components are incorporated into the final product or adulterated materials are utilized which subsequently fail. Finally, the product can be marketed in such a way that the end user is not properly warned against the product’s dangers or instructed as to its proper use.
Manufacturers may defend a claim by stating that the product was altered by the user or someone else in the chain of distribution or that the product was used in a way which was not foreseeable, however, those defenses are very hard to prove; and at Sobel Legal, we hire experts who evaluate these issues, from the product’s design, manufacture, marketing and the availability of defenses which the manufacturer may claim.
Once the product is placed in the stream of commerce, all subsequent sellers, from distributors to retailers can be held liable for the injuries caused by the defective product. However, a distributor or retailer who modifies the product before it is sold can relieve the manufacturer of liability.
Some products become defective due to a failure to maintain them. While the manufacturer is usually not responsible for such defective products, if a product fails because those responsible for its maintenance fail to maintain it properly, a legal recovery can be made for the damages caused by the product’s failure or mis-operation.
Some of the most common defective products are as follows:
Initial Free Consultation
Upon calling Sobel Legal, your product case will be evaluated and if it appears to be a case where the defective
nature of the product can be established, Sobel Legal will assist in preserving the product so that it can be evaluated.
At Sobel Legal, we will consult you free of charge and only take a percentageof what we collect for you, plus any costs we directly incur. There is no obligation to hire us after your initial consultation. We only get paid a fee and get reimbursed our actual costs if we make a recovery for you.
You have rights. If you or a family member have been injured as the result of a defective product, call us at (954) 526-7007. We’re here to protect your rights.