Personal and monetary injuries sustained due to faulty medical devices and prescription drugs tend to be a “hot topic” here at LawInfo.com.  Therefore, I like to keep the readers of this blog up to date about problems associated with these devices and drugs.  You can find a list of our “Hot Topics” on our homepage at LawInfo.com.

What is Products Liability?

When a consumer buys a product or takes a prescription drug, they generally believe that the product is safe to use.  However, some products are defective and dangerous.  When a defective product harms an individual, they may sue the person responsible for their injuries.  The lawsuit is usually called a products liability lawsuit.  A number of individuals may be liable for the plaintiff’s injuries, including the manufacturer, retailer, the doctor who prescribed the drug, and the hospital that provided the drug.

What Do You Have to Prove to Win a Products Liability Case?

One of the things that a plaintiff must be able to show is that the product was defective.  There are three ways in which a plaintiff can prove that the product was defective: by showing (1) a manufacturing defect, (2) a design defect or (3) inadequate warning.  If the plaintiff can prove that the product was defective, then the defendant may be liable for plaintiff’s injuries resulting from the product’s use.

  • Manufacturing Defect: There is a manufacturing defect when the product becomes defective in the manufacturing phase.  This means that the product emerges from manufacturing more dangerous than the products made properly, causing a defective product to enter the market.
  • Design Defect: There is a design defect if the product is dangerous because of the way that it was designed and a person was injured as a result. 
  • Defective Warning: A product must have clear and concise warnings of the risks involved in using the product.  If the warnings are inadequate, then the product is considered dangerous or defective.

If you have sustained injuries due to a defective product, it would be beneficial to speak to an attorney to determine whether you have a valid legal claim.  For assistance with your case, speak to a Defective Product Attorney near you.

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