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Holland & Usry, P.A.

Common Grounds for Defective Product Lawsuits and What Your Settlement Covers

Defective product injuries can be horrific. They can even kill. The law affords several ways for victims to recover financially from manufacturers for defective products. Still, these cases can be hard fought, for two key reasons:

  • We’re telling a seller its product is a threat. And proving it can be hard:
  • You’ve got to have experts to convince a judge or jury, and that is pricey.

Why It’s Worth It

Despite the challenges, a product case with merit is worth pursuing because the injuries are so severe and the public threat so grave. Make no mistake how important these cases are. Pointing out a dangerous product can cause a manufacturer to fix it, keeping it from hurting someone else. Being part of a defective products case makes you part of potentially making our world a safer place.

Here’s the basics of these cases. First, a shocker.

Do What? Broke AND Unsafe Might Not Be Defective?

The first thing you need to know about these cases are two stunning rules:

  1. A product’s malfunction doesn’t mean it’s LEGALLY defective.
  2. Manufacturers have no obligation to design the safest possible product.

But that doesn’t make these cases impossible. So what can you do for relief?

Common Grounds for Defective Product Cases

There are three types of defects:

  • Manufacturing defects. The product was defectively built. This could require proof the product left the factory in substandard condition.
  • Design defect. The product was defectively created, meaning the entire line of products is unreasonably dangerous.
  • Warning defect. The product does not fully warn users of its danger.

All these cases have common things for you to prove to win a settlement or trial:

  • First, you got hurt by the product. For example, a common defense in defective car cases is that the crash was so bad the victim wouldn’t have survived it no matter how safe the car was.
  • At the time of the injury, the product was in essentially the same condition as when it left the manufacturer. That means no modifications, UNLESS the manufacturer should have expected them.
  • The injury occurred because the product was defective and unreasonably dangerous. This is often the biggest battleground in the case. How you fight that depends on what’s wrong with the product.

If you prevail, you can be compensated.

Financial Recovery for Victims and Families

Defective product settlements include the same relief as for other injury cases. This includes:

  • Recovery for families for the loss of a loved one.
  • Medical bills, including future treatment.
  • Human loss, which you may have heard called “pain and suffering” or “noneconomic damages.” We don’t think that adequately covers it, so we call it human loss. Click on that link to learn why.
  • Lost income when you can’t work due to your injury.
  • For your spouse, compensation for loss of your normal marital relationship, called loss of consortium.
  • In certain cases, punitive damages.

You Can’t Do This Without a Lot of Professional Help

These cases are important, but very hard. You can’t do them by yourself any more than you can do your own brain surgery.

If you’ve been hurt by a defective product and wonder if you should try for a settlement or lawsuit, call us at (888) 230-1814 or (864) 582-0416 so we can evaluate it. It won’t cost you a thing. And it could even lead to you being a force for change in our world.

You can also start a live chat with us right now to begin these important steps so you can have peace of mind and be sure you don’t let your rights—or worse, a loved one’s rights—go down the drain.

 

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