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Assessing Fault After a Defective Product Injury


From household appliances to vehicles, it is common for individuals to trust that manufacturers provide safe and reliable items. While this is often true, there are exceptions, and when a product is defective it can lead to serious injuries.

After suffering harm due to a faulty product, talk to a Delray Beach personal injury attorney. The process of determining fault after a defective product injury varies depending on the situation. Honestly sharing your story with an attorney is a first step to obtaining the compensation you need to recover from losses.

Not All Defective Product Injuries Are the Same

One of the first things to determine is the type of product defect. Also, it is important to note that in some cases more than one defect is to blame. Your case may include one or more of the following defects.

  • Design defects. Some consumer products are dangerous due to design flaws. A design defect means the danger is in place even before the product is manufactured. For instance, if a car is designed without proper safety features and people are harmed in accidents as a result, there could be evidence of design defects.
  • Manufacturing Defects. When a defect occurs during the production process and only affects a limited number of products, it could be a manufacturing defect, such as one batch of medications being contaminated with harmful substances due to a mistake in the manufacturing process while other batches are produced correctly.
  • Marketing defects. Often referred to as failure to warn cases, manufacturing defects are when a product is safe when used correctly but becomes hazardous if used in another way. The public must be adequately warned. Not including instructions for use could also apply, because if a company fails to adequately inform consumers about the known risks associated with their product, they could be held responsible for resulting injuries. An example of this is a cleaning product that is harmful if ingested without carrying a warning about its toxicity.

Once the type of defect is understood, determining who can be held responsible is the next step. For instance, the manufacturer of the defective product could be at fault if the design or manufacturing process is to blame because they are responsible for ensuring their products meet safety standards.

Care for Your Health and Talk to an Attorney

In the aftermath of a defective product injury, it’s important to seek medical attention immediately and consult an experienced Delray Beach personal injury attorney. Often product cases involve a lot of technical aspects, so having a legal expert on your side will smooth the process. If negligence on the part of a manufacturer, distributor, retailer, or other party is established, you may be entitled to compensation.

Was a defective product the reason for your injury? Assessing fault after a defective product injury requires a thorough investigation to determine which parties are responsible for the harm caused. To get your case started, reach out to the lawyers at Earnhart Law in Delray Beach. Call 561-265-2220 or contact us online.

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