Product Liability, the Often Overlooked Personal Injury Claim

Personal injury law encompasses many different types of cases, the most familiar ones arising product liability is often overlooked blog from auto accidents and slip/falls. One of the more overlooked areas of personal injury involves products liability cases. These cases involve injuries arising from either (1) a defect in a manufactured, sold or distributed product or (2) the inadequate instruction for use of a product or a failure to warn of known dangers on the product label.

Dangerous or defective products cause thousands of injuries every year in the United States. Because one defective product can be manufactured, sold and distributed by a number of different entities, it can often be difficult to determine who is ultimately responsible for the injury. An experienced products liability attorney will need to examine the product and investigate not only the manufacturer, importer or distributor, but also the manufacturer of the component parts, the assembler or installer of the product, the wholesaler, and even the retail store that may have sold the product to the consumer.

While an injured party will most often need to prove some negligence on the part of at least one entity, there are certain products, by their very nature, that cannot be made safer without losing their usefulness or intended purpose. These are known as strict liability products and claims can be made without showing any carelessness on the part of the manufacturer or seller if the inherently dangerous product causes injury while being used in the manner it was intended (as long as the product hasn’t been substantially changed from the condition in which it was originally sold.) An example of such product is a chain saw or a skill saw. Obviously, a very sharp blade moving at a high rate of speed is needed to accomplish the legitimate purpose of sawing through a piece of lumber. However, if a skill saw is designed and/or sold without reasonable safety guards to prevent fingers/hands from being cut off, the manufacturer and seller of the product are strictly liable for damages that may be caused by such a product being used as it was intended.

Syfrett, Dykes & Furr have handled multiple products liability cases through the years. Just a few examples include:

  • Eye injury and loss of vision caused by defective drink bottle design leading to an explosion of the lid;
  • Loss of finger(s) due to failed or lack of safety guards;
  • Defectively designed nail gun causing loss of eye;
  • Improperly installed light fixture causing head injury;
  • Airbag failure to timely deploy or failure to deploy at all;
  • Defectively designed seatbelt causing driver ejection with severe injuries;
  • Improper design of boat safety chain causing auto/motorcycle accident with serious injury;
  • Negligent design of chair causing spinal injuries;
  • Defective parts of stove causing exploding with eye injuries;
  • Negligent design of gas grill causing explosion and serious and disabling burns

If you, or a loved one, have experienced serious injury through the use of a product in its intended manner, the experienced personal injury attorneys with Syfrett, Dykes & Furr are available for a free consultation regarding your potential claim. Call us anytime at {F:P:Site:Phone}.

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