Bertram & Murphy
An unsafe or defective product is a product that causes harm when used because it was designed unsafe or does not have the right warnings for the public. The harm is not known to the person using the product, which makes it unreasonably dangerous for the user. A product can be considered defective if it…
Product defects are generally put into three categories: design, manufacturing and marketing defects. Design defects are in a manner of speaking, intended. This type of defect is inherent in the design of the product. For example, a chair that is designed with only three legs might be considered defectively designed because it tips over too…
If a product does not work properly or causes injury or death to the user, then the manufacturer, distributors and sellers may be responsible for your injury depending on the facts of the case. If you or a loved one has been injured by a consumer product, you may be eligible to file a product…
Product liability is all about holding manufacturers, distributors and sellers accountable or responsible for injuries or death caused by the use of a defective product. The products can range from medications, medical devices, to most complicated machinery such as motor vehicles or airplanes, to common household items such as home appliances, children’s toys and baby…
The most common defense to a product liability suit is that the consumer was using the product incorrectly. Yet, even if the defense proves you have misused a product, this does not necessarily mean your claim is invalid. It is the manufacturer’s responsibility to anticipate product misuses, and warn consumers of the dangers of using…
Yes. You do not have to own the defective product to file a product liability claim. If you were borrowing a product and were injured as a result, you can still qualify for full and fair compensation.
Usually, the injured person is entitled to recover damages for past and future medical treatment, past and future wage loss, damages for pain, suffering and emotional distress, and, if the injured person can establish intentionally reckless conduct on the part of the manufacturer you may be entitled to punitive damages (i.e. damages intended to punish…
Yes. Set the defective product aside in a protected space, and do not use it or change it in any way.
Yes. Get the names, addresses and telephone numbers of any people who are familiar with the product that caused your injury, and any witnesses to your accident.
