When we purchase consumer products, we expect them to work as intended and, above all, to be safe. Unfortunately, defective products can cause severe or even fatal injuries, leaving victims grappling with physical, emotional, and financial challenges, or worse. Understanding who may be at fault in a defective product or product liability claim is key to seeking justice and compensation. At the Halperin Law Center, we are here to help you navigate the complexities of these cases.
Types of Product Defects
To identify the fault in a defective product case, it’s essential to determine the nature of the defect. There are three main types:
- Design Defects
These occur when a product is inherently dangerous due to its design, even before it is manufactured. Examples include vehicles prone to rollovers and children’s toys with choking hazard. - Manufacturing Defects
A manufacturing defect happens during the production process. Even if the product’s design is sound, mistakes in manufacturing can make it unsafe—for instance, a ladder with a faulty weld, or a tire that hasn’t been properly cured. - Marketing Defects (Failure to Warn)
Sometimes, a product is dangerous because it lacks adequate instructions or warnings. A medication without proper dosage guidelines or side effects listed is an example.
Potentially Liable Parties
Defective product claims often involve multiple parties in the product’s lifecycle. Here are the most common:
- Manufacturer
The manufacturer is often the primary party at fault, especially for design and manufacturing defects. This includes large corporations and smaller companies involved in producing the product. - Retailer
While the retailer didn’t create the product, they can still bear some responsibility for selling defective goods. Retailers are expected to sell safe products and may be liable if they fail to do so. - Distributor or Wholesaler
Those involved in the distribution chain might also share liability if they played a role in delivering a defective product to the consumer.
Proving Fault in a Defective Product Case
To succeed in a defective product claim, you need to establish these key elements:
- The Product Was Defective
Clearly demonstrate that a defect in the product existed when it left the manufacturer, and caused the injury. - The Defect Caused Your Injury
Prove a direct link between the defect and your injuries or loss. This will involve expert testimony and evidence from the accident. - You Used the Product as Intended
Show that you used the product according to its instructions or typical purpose when the injury occurred.
Compensation for Defective Product Claims
Victims of defective products may be entitled to compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Long-term rehabilitation costs
- Permanent disability
- Punitive Damages
How the Halperin Law Center Can Help
Defective product or product liability claims are complex, requiring a deep understanding of the law and the ability to handle a battle with a large corporation and insurance companies. At the Halperin Law Center, we have extensive experience in advocating for clients injured by unsafe products. In fact, we had one of the largest jury verdicts in the history of Virginia – $37,835,259.23 – in a product liability case. From identifying the responsible parties to building a strong case, we are committed to securing the justice and compensation you deserve.
