Defective Product Injury: Who Can Claim Compensation?
A product liability claim can be made by any person who has suffered injury or perhaps the loss of a loved one because of a dangerous, defective, and unsafe product. However, product liability lawsuits can be some of the most difficult cases to prove. This is why you need a defective products attorney who can help you navigate through the different processes you need to go through in order to pursue a successful claim. Just any Oklahoma City attorney may not be well versed in the inner workings of defective product law, so it’s often better to turn to defective products lawyers when faced with a product liability case.
When a dangerous or defective product causes damage to a user, the law holds its designer, distributor, and/or manufacturer responsible for the damages and injuries it inflicted. Some common examples of potentially dangerous and often defective products that may merit a product liability claim include asbestos products, talcum powder, defective equipment and machinery/devices, defective home products like household appliances, tools, gadgets, and even cleaning solvents, as well as drugs that have adverse reactions/effects.
Product liability claims can come in the form of a negligence claim, a strict liability claim, or perhaps a breach of warranty claim.
- A negligence claim can be made when the company or companies involved in the production (design, manufacturing, and/or distribution) of the product has failed to exercise the required or reasonable degree of care in producing or creating a safe product, resulting in an injury.
- A strict liability claim, on the other hand, holds the supplier or manufacturer liable for injuries inflicted by the dangerous or defective product, regardless of intent or fault.
- Finally, a breach of warranty claim can be made when either suppliers, manufacturers, or retailers have failed to follow through an implied or expressed warranty promise to consumers—particularly those that claim a product to be free of defects or any other false information.
All in all, any person who has suffered injury or ailment as a result of using or being around a defective product can make a product liability claim with the help and guidance of a defective products attorney.
Burton Law Group is composed of experts and specialists in a wide range of practice areas, including defective products lawyers who can help you see through your product liability case and get ample compensation for the damages left by a faulty product.