Defective Products Injuries
Essentially a product is defective when it is unreasonably dangerous. The key issue here is often the unreasonableness of the danger posed by the product. Many products have an inherently dangerous quality, such as a chainsaw and therefore are not necessarily defective just because they have the potential to cause injury.
With a broad spectrum of
probabilities and reasons that qualify specific
products unsafe or dangerous, its up to the consumer
to exert vigilance and prudence when buying and
most importantly using these products.There are typically three types of product defects which impose liability on manufacturers and suppliers: design defects exist before the product is manufactured; manufacturing defects exist during construction and production phases; and defects in marketing exist when improper details have been given to warn consumer of dangers in the product. warn consumer of dangers in the product.
Design Defects.
In design defect cases the focus will usually be on safer alternative designs to minimize the risk of injury. In order to determine whether the product is unreasonably dangerous, a balancing test will be employed in which the utility of the product is weighed against the danger it poses.
In most cases, the plaintiff will be obligated to offer a reasonable alternative that the manufacturer could have used, which would have prevented the injury and which would not significantly diminish the product's effectiveness. The added expense of the plaintiff's proposed alternative is also a factor in the balancing test.
At the Law Offices of Vincent J. Ciecka, P.C. we highly specialize and been very successful in obtaining high recoveries in defective products injury related cases. If you have a situation where you or someone you know might be a victim of this type of injury due to the negligence of someone else, please contact us as soon as possible to discuss your specifics and help you determine if indeed you have a case so you can obtain due compensation for such injuries.
