One of the most predictable and common injury cases is one wherein the defendant is injured by a product of some sort. In fact, if you are injured by a product, you are more likely to be able to claim damages and hold the manufacturer responsible for its negligence or wrongdoing. The primary thing that a personal injury lawyer will help you look for when establishing liability is finding a defect in the manufacturer's product. Some such defects are quite subtle, and the prosecution may find itself spending an ample amount of time searching for said defect. Other defects, on the other hand, can be quite blatant! When establishing wrongdoing or negligence on behalf of a product's defect in a personal injury case your lawyer is looking for 3 specific types of problems.
The inner workings of a machine – or any product, really – can be a key attribute in assigning fault in a personal injury suit. Design flaws are any affect or behavior of the product that makes said product not function in the way it was intended. For example, if for example, a seat belt were to break your sternum in a minor fender bender, it would be easy to establish that the seat belt did not function in the way it was intended. A minor fender bender would not likely cause any noticeable harm to anyone, and the seat belt is clearly not intended to break bones, especially not in the case of a minor auto scuffle.
Manufacturer's Failure to Warn of Defects or Dangerous Features of A Product
Sometimes a manufacturer will be fully aware of a product's inherent flaws or dangerous features of the product, yet release it anyway. In these cases, the onus is upon the manufacturer to warn consumers of these flaws or potential hazards. In fact, the manufactuerer has a duty to warn consumers about potential hazards, and neglecting that responsible is a clear cut case of liability. For example, if a company releases a toaster over that produces an exorbitant amount of heat – much more than necessary – and consumers easily become burned on the product, the manufacturer may be liable in such a case. Especially if the manufacturer had foreknowledge of the defect or hazard produced by the item and did not go to adequate lengths to inform consumers.
Manufacturing defects can also produce flawed objects that can be potentially dangerous to consumers. Manufacturing defects refer to those defects that have occurred in the object of question due to very process of manufacturing itself. In these cases the manufacturer of the equipment can be liable in addition to the company distributing the object that was manufactured. For example, if a toy company used an assembly line conveyor belt that somehow assembled all of the pieces of a toy into a full toy, but did so in such a way that the toy became hazardous, the producers of the assembly line as well as the toy manufacturer could be held liable in a personal injury suit.
As you can see, often times, product manufacturers are solely responsible for any injuries that you may incur as a result of design flaws, a manufacturer's failure to warn of defects or dangerous features of a product and manufacturing defects. Liability can often be established if the prosecution is able to adequately accuse a manufacturer of falling into one of the above three categories. Remember that companies can be held to be just as accountable as individuals in personal injury cases, if not more. Never assume that you can't face a manufacturer in court, simply by dint of them being a manufacturer. If your personal injury lawyer can establish one of the aforementioned forms of wrongdoing or negligence, your case is sure to hold water.