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All manufacturers of consumer products have a legal duty to produce items that are safe for consumer use. Not only must products be free of defects, but they also must provide adequate instructions and warnings to consumers. When product manufacturers fail to live up to their responsibilities, and you or a loved one sustains injuries from using a dangerous item, an Atlantic County defective products lawyer may be able to assist you.
Despite the good intentions of manufacturing companies, consumer products can cause devastating injuries, even when people use them as intended. When tragedy strikes, injured parties may want to hold these companies responsible for their wrongful actions with the help of a dedicated Atlantic County personal injury attorney.
What is a Manufacturing Defect?
Product liability claims often involve manufacturing defects. To prove damages based on a manufacturing defect, injured parties must prove that something occurred during the manufacturing process that made the item inherently dangerous. In other words, the item’s design may be safe, but an error or misstep during production results in a batch of defective products.
For example, if a product is made with a specific material, but the manufacturer uses an inferior or defective version of that material, a defect may occur. If using the item results in injuries to a consumer, he or she may have a valid product liability claim against the manufacturer. An Atlantic County defective products attorney can be essential in pursuing a successful dangerous product claim based on a manufacturing defect.
What is Considered a Dangerous Design?
When an item’s design is inherently dangerous, all product versions manufactured will be defective. Design defects can affect the packaging of the product, its use, and other aspects. A dangerous design can also cause regular use of the product to result in injury to the consumer.
The key to a successful product liability claim in Atlantic County based on a design defect is that an alternative design for the product exists that would have made the item safer for consumer use. For instance, if a manufacturer chose a product design solely based on cost savings as opposed to consumer safety, that manufacturer may be liable if the product subsequently causes injuries to consumers.
Marketing Defects and Atlantic County Product Liability
Another form of product liability involves marketing defects. A manufacturer’s failure to warn consumers of specific dangers associated with using the product commonly forms the basis of successful defective product claims in Atlantic County. Consumer products also should have instructions that protect and advise consumers on using the item correctly.
In some cases, manufacturers intentionally conceal the potential dangers associated with using a product. In other cases, they are unaware that a specific threat exists or that warnings are necessary. A defective product without adequate instructions or warnings that harms an Atlantic County consumer as a result could create civil liability for a negligent manufacturer.
Strict Liability and Damages
While many civil claims are based on the legal theory of negligence, product liability claims are based on strict liability. As a result, injured parties do not need to prove that the manufacturer was at fault or acted negligently in designing, producing, and marketing an item. This is because manufacturers are strictly liable for any damages which are caused by their defective products.
Available damages in a product liability claim can include compensation for medical expenses and lost wages. Other damages may cover pain and suffering, loss of consortium, and even punitive damages in extremely egregious cases.
Talk to an Atlantic County Defective Products Attorney for Advice
If you or a loved one has been injured from using a dangerous product, you may be entitled to damages. Manufacturers are strictly liable for the safety of the products that they create and distribute. An Atlantic County defective products lawyer may be able to assess your claims and work toward getting you the damages that you deserve.
By holding manufacturers accountable for their faulty products, you also can send a message about the importance of safety in consumer products. Taking this step may prevent similar injuries to other consumers in the future. Call us today to get started.