Who’s Responsible in a Product Liability Case?
Anyone who sells or produces a product has a duty of care to anyone buying the product or those who may come into contact with it. Have you been injured or made ill by a consumer product? If so, you need the legal help of Burton Law Group, Oklahoma City personal injury lawyers.
In Oklahoma, the manufacturer, seller, or distributor of a defective product is strictly liable for resulting injuries, even if reasonable care was used to prepare and sell the product. An injured party need only prove that a defect existed, making it unreasonably dangerous, thereby causing the personal injury and making the services of an Oklahoma City personal injury lawyer necessary.
The Main Types Of Product Defects
Manufacturing — A product was poorly made, perhaps using substandard materials
Design — A product is dangerous due to a flaw in planning
Labeling — A product is defective because of no adequate warning about non-obvious risks
Defective Product Examples
An Oklahoma City personal injury attorney from Burton Law can help if you have suffered injury or illness from contact with the following:
Alcoholic Beverages
Lawsuits related to alcoholic beverages involve drinks that have been tampered with but are unique to alcohol. For example, some states have laws that hold sellers of adulterated alcoholic drinks responsible for injuries sustained by the consumer or family members due to the consumption of the drink.
Apparel
Lawsuits related to defects in apparel are issues regarding fire resistance, improper construction, irritating fabric, hidden foreign objects, or poor traction in footwear. Apparel covers all kinds of clothing, from shirts and pants to costumes and work shoes or boots.
Asbestos
Personal injury or death and property destruction can be caused by contact with materials containing asbestos. Numerous product liability lawsuits have been responsible for compensating those who have suffered damages due to asbestos exposure. A personal injury attorney Oklahoma City representing claimants has utilized strict liability laws, design defects, and failure to warn arguments to obtain substantial recoveries for their clients.
Automotive
Automobile and component manufacturers can be defendants in a product liability suit. The primary responsibility of automobile manufacturers is to design vehicles to guarantee occupant and pedestrian safety. Defendants can cite contributory negligence as a factor to minimize damages in these cases. For example, if the plaintiff did not use their seatbelt, did not strap a child in their seat correctly, or was driving recklessly or under the influence of alcohol or drugs.
Batteries
A Lithium-ion battery is rechargeable and capable of storing a great deal of energy. This makes them a popular choice for everything from tablets and smartphones to vapes and e-cigarettes. Unfortunately, these batteries are also prone to exploding and overheating, putting a user at risk for serious injury. A defective product lawsuit can hold vendors or manufacturers responsible for these injuries.
Cosmetics or Chemicals
Defective cosmetics for personal hygiene and household chemicals may target consumer lawsuits if they injure someone. In these claims, the plaintiff must show proof that the vendor or product manufacturer had prior knowledge and should have been aware of their products’ side effects.
Elevators
A malfunctioning elevator, whether in a commercial building or a residential home, can cause devastating injuries or death. Some malfunctions may include a faulty pulley system causing the elevator car to fall, a defective door exposing the elevator shaft, or faulty wiring restricting the elevator’s control.
Firearms
Numerous victims of intentional or unintentional shootings have tried to prove the guns involved were flawed, making the manufacturers or retailers responsible. This concept has not gone over too well legally. One exception to this rule is the “Saturday night specials,” or inexpensive handguns known to be extremely unsafe and recognized for use in criminal circles.
Food & Agricultural Products
All mass-produced food, beverages, and agricultural products can be subject to product liability lawsuits if contaminated and cause food poisoning or other illnesses. An Oklahoma City injury attorney can gather the evidence needed to hold the manufacturer responsible for any sickness their product caused.
Machinery & Tools
Faulty tools and machinery can result in serious injury. If the damage was caused by a defective product or failure to provide notice about the risks of the product, the manufacturer or vendor could be held responsible. An Oklahoma City accident attorney can help if you have been injured by defective machinery.
Medical Devices and Products
It’s difficult to distinguish between cases concerning medical malpractice and medical product liability. Lawyers with a background in these practice areas can counsel claimants on the laws applicable to their case.
Pharmaceutical Products
If a drug or product is defective, it will override the fact that a manufacturer followed the FDA guidelines. The drug manufacturer is responsible for alerting doctors and consumers of all potential side effects.
Recreational Products
Recreational products include those made for entertainment—from board games to roller coasters. Both manufacturers and vendors are responsible for inspecting their products for safety issues and warning the public about possible risks.
What a Lawyer Can Do For You
The Defective Products Attorneys at Burton Law have handled cases such as these. They have the experience necessary to thoroughly investigate and determine the parties responsible for the product defect or misuse.
Suppose you have suffered an illness or injury because of a defective product. In that case, an accident lawyer Oklahoma City can help you get the compensation you deserve for your suffering and inconvenience. Contact them today. You will be glad you did.