What does a product liability lawyer do?
A Product liability lawyer is an area of law that assigns responsibility when defective products injure consumers. Depending on the circumstances, the liability for a defective product might fall anywhere along the production chain:
- The product manufacturer
- The manufacturer of one of the product’s component parts
- The wholesaler
- The shipper
- The retailer
A Product liability lawyer generally associates with tangible consumer goods: electronics, appliances, automobiles, tools, and the like. But it can also include items such as real estate, natural gas, utilities, and even pets.
Types of Product Liability Lawyer Claims
Product liability lawyer claims tend to fall into one or more of three categories: negligence, strict liability, or breach of warranty of fitness.
1. Negligence Claim
A product liability claim based on negligence asserts that a party along the production chain failed to uphold their standard of care and, as a result, the product went to market with a defect that subsequently caused harm.
Examples of negligence include poor construction, improper shipping practices, and knowingly putting an untested product on the market.
2. Strict Liability Claim
Most product liability claims are based on strict liability. Under this doctrine, the injured party does not have to prove negligence or any other wrongful act on the part of the manufacturer. All that matters is that the product contained a defect, which injured a user using it for its intended purpose. In other words, manufacturers are strictly liable for the products they put on the market.
3. Breach of Warranty of Fitness
A breach of warranty of fitness claim involves a false promise made by a seller to a buyer. For example, a nutritional supplement company might sell a weight loss product to a consumer, claiming that the supplement causes no unpleasant side-effects. The consumer then takes the product and experiences complications. If the consumer can link the illness to the supplement, he or she can file a claim against the manufacturer for breach of warranty of fitness.
At Newsome Melton Law, we take these claims very seriously. Our top product liability lawyer in Orlando will help you with your case. Call today for a free consultation. Check out our product liability lawyer page on google.
Types of Product Liability Defects
Products can contain hundreds of types of defects, and these defects can have several causes. The most common are design defects, manufacturing defects, and defects in marketing. A product liability lawyer can walk you through your options if one of the following is of concern:
Design Defects Claims
Design defects are inherent flaws in the design of the product. These flaws get introduced before a single product is manufactured, and they thus affect every product made until the defect is identified and corrected.
Manufacturing Defects Claims
Manufacturing defects occur due to mistakes in the actual production of the product. A manufacturing flaw can affect a single product, a handful of products, or an entire batch.
Defects in Marketing Claims
Defects in marketing happen when a manufacturer or retailer fails to provide adequate instructions for the use of a product or fails to warn users about a danger associated with the product.
If you need to report a product recall or have information about a potentially unsafe product, you should follow these general steps:
Gather Information: Collect all relevant information about the product, including its name, brand, model, serial number, manufacturing date, and any other identifying details. Also, note down the issue or safety concern you’ve observed with the product.
Contact the Manufacturer or Retailer: If you’ve purchased the product recently and believe it may be subject to a recall, contact the manufacturer or retailer from whom you bought it. They should be able to provide you with information about the recall and the steps you need to take.
Check Official Recall Listings: Visit the official websites of relevant regulatory agencies such as the U.S. Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), or the National Highway Traffic Safety Administration (NHTSA). These websites usually have databases and lists of active recalls. You can search for the product in question to see if it has been officially recalled.
Follow Instructions: If you find your product listed in an official recall, follow the instructions provided. These instructions might include returning the product for a refund, repair, replacement, or other appropriate actions.
Report to Regulatory Agencies: If you have information about a potentially hazardous product that hasn’t been recalled yet, you can report it to the relevant regulatory agency. You can do this by visiting their official website and using their reporting mechanisms. They often have dedicated online forms or hotlines for reporting unsafe products.
- Call Rich Newsome your product liability lawyer in Orlando.
For example:
- CPSC: You can report unsafe consumer products on the CPSC website (https://www.saferproducts.gov/CPSRMSPublic/Incidents/ReportIncident.aspx).
- FDA: Report unsafe food, drugs, or medical products through the FDA’s Safety Reporting Portal (https://www.safetyreporting.hhs.gov/).
- NHTSA: Report unsafe vehicles or vehicle equipment on the NHTSA website (https://www-odi.nhtsa.dot.gov/VehicleComplaint/).
- Inform Others: If you discover a product recall or have information about an unsafe product, consider sharing the information with your friends, family, and social circles to help raise awareness and prevent potential harm.
Remember that reporting unsafe products is essential for the safety of consumers and the general public. It helps regulatory agencies identify and address potential hazards promptly.
Injured by a Defective Product? Call the Product Liability Lawyer at Newsome Melton Law
The Newsome Melton legal team has expert product liability lawyes that can help you win damages from the manufacturer if you were injured by a defective product. To schedule a free case evaluation with a member of our team, call 888-270-0717 today.