Manufacturing defects are much more common than you think they are. These happen when a product is not made correctly and doesn’t operate as intended. A good example of this is a defective blender blade that causes you to cut your finger badly. You can generally hold the manufacturers legally responsible in these instances.
How does personal injury law view product defects?
The law protects people who are hurt because of product defects. It’s called product liability law. Anyone who was hurt by a defective product can legally file a product liability lawsuit to be financially compensated for their injuries.
If you win a product liability lawsuit, you can be compensated monetarily for doctors and hospital bills, continuing medical expenses, missed work, pain, and suffering, and other related expenses. These types of lawsuits are vital since they protect consumers in general from bad manufacturing practices.
What is considered to be a manufacturing defect?
Manufacturing defects tend to be accidental. The Third Restatement of Torts is a treatise that heavily influences the definition of product liability and the outcome of product liability lawsuits. According to it, a manufacturing defect occurs when a defective product is manufactured and sold despite all efforts from the manufacturer to prevent this from occurring.
The manufacturer is still financially and legally liable for any injuries that this defective product may cause its customers. Because companies tend to have strict production and operations management controls, product defects are rare and hence, so are product liability defects.
Manufacturing defects can be hard to prove
Plaintiffs may have underlying medical conditions that may have been exacerbated because of a defective product. It may be hard for them to prove that the product was defective because of their underlying medical condition.
For example, a woman who already has a bad back and suffered a whiplash injury because of defective automobile manufacturing may have a difficult time proving that the defective automobile manufacturing is what caused her back conditions.
If you’ve ever been hurt because of a defective product, you have some legal defense in the malfunction doctrine. According to this, you’re can file a product liability lawsuit if you can provide evidence that proves that it was the defective product and only the defective product that caused your injuries.
As you can see, product liability laws are complex. Thus, you need to hire a good personal injury lawyer in London to help you win your case in court. Product liability claims are complex and require an experienced lawyer to handle them. Thus, contact a law firm that has done similar cases before with considerable success in winning claims.