Manufacturers, distributors, designers and marketers have a legal responsibility. They must make certain that their products, when used properly, will not harm the customer and they must give the customer a warning if anything about the product could potentially be harmful. Importantly, this responsibility is not limited to manufacturers. It applies to the designers and retailers as well as anyone else who was involved with the sale.
If you or a loved one has suffered personal injury due to a defective product, it is critical that you contact a St. Petersburg personal injury lawyer who can determine the correct responsible party, as statutes of limitation may apply and you may lose the opportunity to recover the damages you deserve.
Product Defects can be placed in three categories.
- Design defects: A design defect is a flaw in the planning of the product that was hazardous regardless of how it is manufactured. For example, a child’s toy with an easily detachable small part that was negligently overlooked would be a design defect.
- Manufacturing errors: When a problem or mistake takes place during the actual production phase of a product, prior to its distribution, it has a manufacturing defect. For example, a manufacturer who improperly assembles an ATV, leading to injury, would be a manufacturing error.
- Marketing misrepresentation: Marketing misrepresentations occur when a company does not provide adequate warnings or instructions on their products which lead to injuries. For example, a product that is dangerous to use in closed spaces where it will be inhaled, that fails to warn you of these hazards, may be a marketing misrepresentation.
Often, the people responsible for Product Defects are at large corporations with insurance companies to match. There are pros and cons to this, but the fact is that seeking to recover the damages you deserve gets more complicated as the responsible party(ies) multiply. For this and other reasons, it is important to have an experienced attorney who is experienced in going up against large corporations, like Herman & Wells, P.A.
Further, defective product cases are usually quite complicated. Defective products cases require more investigation than most. Background checks as to recalls and public records searches for worldwide news reports are often very useful, and something that most attorneys do not do.
In addition, products liability cases require more robust discovery. Herman & Wells has been refining their discovery for over a decade including interrogatories, requests for production and requests to admit, so that truth about the culpability of the negligent company will come out.
Finally, product defect cases rely heavily on expert testimony, which is very complex as well as costly to bring forward. Prior to Law School, Attorney Clifford Wells obtained a degree in Occupational Safety and Health. That degree has proven extremely valuable in prosecuting defective product cases. Herman & Wells’ office has the means to hire experts to explain to a jury how a product is defective and why it should not have been to a jury.
These issues prevent most plaintiff attorneys from taking them. Even worse, some attorneys take these cases, then get in over their heads and try to resolve the problems by settling for whatever they can get. This is a terrible scenario for a person injured at the hands of a huge negligent corporation. It is important that you find an experienced attorney the first time. One that has experience, resources and drive, but not one that has not been practicing so long that they have become complacent or lazy.
If you feel that you may have been injured because of a defective product, please preserve the product and all of its records the best that you can, then call our office for a free initial consultation with Attorneys Clifford Wells or Jason Herman to determine whether or not you have a valid claim.