Who’s Liable for Accidents Caused by Defective Products?Published: Jun 01, 2022 in Defective Products
If a defective product has injured you or caused your accident, you know how dangerous a careless design or sloppy manufacturing process can be. You may be entitled to compensation for the injuries you’ve suffered. However, before you can do that, you have to figure out who is liable.
The product design and manufacturing process includes numerous parties, and pinpointing liability is a sizable task.
Types of Defective Product Claims
There are several types of defective product claims, and figuring out where the error occurred is a critical step in determining liability.
A product begins in the design stage. If the product is inherently flawed, it does not matter how careful the manufacturers are. The resulting product will be dangerous or ineffective. This looks different across each type of product.
For example, a designer creating a baby toy may add sliding rings to catch a baby’s attention. They design the product with removable loops that allow the parent to change the color lineup. However, those removable loops can also come loose when a baby is chewing on the toy, causing a choking risk.
Manufacturing issues are common in product liability claims. When a manufacturer uses an unsafe material, deviates from the product design to save money or time, or fails to construct components properly, they may be liable for any subsequent injuries.
Consider, for example, a car parts manufacturer. They may make a component in such a way that it comes loose at speeds above 60 miles per hour, putting drivers at risk on the highway.
Marketing teams have a responsibility to consumers. They are expected to market products legally and ethically to the appropriate group. There are multiple ways a marketing team can drop the ball. They may fail to include necessary safety warnings or market the product to the wrong group. They could also market the product in a way that encourages consumers to misuse it.
Possible Liable Parties & Determining Liability
Any of the parties above—designers, manufacturers, and sellers—can be held liable for defective product injuries. The company that owns the product may also be found liable. Even if someone in their production chain erred, the buck stops with them.
They are expected to catch potential flaws before a product goes to market. A retailer may also be responsible for product-related injuries if they knowingly sell a defective product.
Filing a Claim Against the Liable Party
The first step in filing a claim is finding an Alabama defective product attorney. You want to work with an attorney with substantial experience in defective product law, as they must be able to figure out who the liable party is and know how to hold them accountable.
Your personal injury attorney will research your claim. They will verify that you used the product as intended and that there was an inherent flaw in its design, manufacturing process, or marketing. They’ll put this together, along with evidence of your injuries, to prove that you are owed compensation.
Most personal injury claims settle out of court, so the liable party’s insurance company may be willing to agree on a full and fair settlement. If not, your attorney will prepare to make your case in the courtroom.
Call Belt & Bruner, P.C. to Start Your Defective Product Claim
If a defective product has hurt you, you don’t have to fight the negligent party alone. The Belt & Bruner, P.C. team can help you pursue the compensation you’re owed. If you’re ready to take the first step and talk about your case in greater detail, let’s set up a time to talk.