When people buy a product that’s marketed directly to consumers, they generally assume that it’s safe to use as directed — with good reason. The law puts a special responsibility on manufacturers, distributors and retailers to make sure that they aren’t selling dangerous, defective goods.
While many of these products work as expected, many don’t. Any instance in which consumer products hurt or kill someone might be related to a manufacturing defect.
How do you prove that a manufacturing defect existed?
Manufacturers are held to strict liability standards when someone suffers an injury after using their product, whether they can demonstrate that they were careful in designing it or selecting the materials they used to produce it.
Proving liability in a manufacturing defect case can be challenging. Plaintiffs must prove causation. This requires them to show that there aren’t any other factors to blame for the product’s malfunctioning that resulted in the plaintiff’s injuries. It can be even more difficult to prove that a defect existed if the product suffered so much damage that it’s not easily discernible or if the plaintiff disposed of it.
What damages can you recover in a products liability case?
You may be able to recover damages to help cover your accident-related expenses if you’re successful in proving that a manufacturing defect caused your injuries.
The court may also impose punitive damages, which amounts to a fine that a manufacturer has to pay to the injured party. The judge presiding over the case may do this to encourage a manufacturer to be more cautious in evaluating the safety of a product before releasing it on the market in the future.
Your decision to step forward and hold a manufacturer liable for the injuries their product caused you goes a long way to ensuring that others don’t get hurt in the future.