When Good Products Go Bad – Defective Product Injury

October 15, 2012  |  Adriel B. Villarreal

Normally, people buy products that can either provide a convenience or some form of enjoyment. However, a defective product could cause significant injury and damage. Injury isn’t always caused by consumer error; sometimes it is a result of a defect or simply a dangerous product.
When Injuries Happen
Injuries from malfunctioning products can cause both minor and severe injuries. Minor injuries may not be case worthy because of the cost of bringing such claims, but severe injuries may require the help of a personal injury attorney.
Defective product lawsuits are usually for injuries that require a long recovery time, permanent damage or which cause death, these cases are defended vigorously. This includes broken bones, paralysis, hearing loss, blindness, maiming and any other injury that requires long term recovery or causes permanent damage. Injured parties may find that their quality of life is diminished as well as their potential lifetime earnings decreased. These are cases for which compensation may be sought.
If you suffer a personal injury from a product, you should see a doctor as soon as possible so that it can be properly documented. In addition, early treatment can often decrease your recovery time and keep an injury from becoming worse.
Why Products Malfunction
Just because a product is marketed a certain way doesn’t mean that it will work the way it says it should. This type of negligence can result in a defective product which could, in turn, harm the person using it.
There are a few common reasons that can cause a defective product:
 

• Negligence of the design
  Sometimes certain features are overlooked when they are in the design phase and are not seen as a problem until someone is actually injured. Often, this is the reason behind product recalls. Unfortunately, by this time it is often too late because the product is already out there with the possibility of causing further injury to others.

 
 

• Negligence in the manufacture
  Other times, the design of a product is well crafted but the problem lies in the manufacture of the product. This could be from the wrong material being used, a feature being placed incorrectly or simply using a defective part. Regardless of the reason, when the product is used, it can malfunction because of it.

 
 

• Failure to warn of a specific danger
  If a product has the ability to cause damage if used incorrectly, and the manufacturer does not issue a warning label, then they are liable when someone becomes injured because of this. A good example of this is if a product can cause severe burns if set over a certain temperature but there is no warning of this listed on the product or in the directions.

 
 

• Breach of warranty
  This is when a company manufacturer refuses to compensate for injuries or damage caused by one of its products. A warranty is essentially a promise that a product will work the way it is advertised; when it doesn’t, the manufacturer or company is responsible.

 
 

• Misrepresentation
  There are instances when a company specifically markets a product for a use that it isn’t properly designed for. An example of this could be saying that a product can support a weight of 400 pounds while it really can only support 300 pounds.

 
Turning to an Advocate for Help
Typically, it must be proven that the product was defective, caused the injury in question and that a real injury or damage was, in fact, inflicted as a result of the defect. This is where defective product attorneys can step in and help you. Barna, Guzy & Steffen, Ltd. has experienced personal injury attorneys who have helped hundreds of product liability victims.
When you meet for a free consultation with a defective product attorney at our firm, you can rest assured that you are getting advice from experts in this field. We have dealt with many defective product cases like this which have successfully resulted in a settlement.
If you are ready to move on with your life and get the compensation that you deserve then call our office today.