Tens of thousands of individuals are injured every year by defective products. Even though many product-associated injuries are minor, some are catastrophic. Many individuals suffer serious debilitation and paralysis caused by spinal cord injuries due to a defective part, product or vehicle. From children's toys to automotive brakes, nearly every defective consumer product has the potential of being extremely dangerous to the consumer.
Numerous laws on the books today govern the rights of consumers filing a product liability claim. Each law is designed to protect innocent victims seriously injured or killed by defective products. In addition, the same laws protect manufacturers, designers and distributors from frivolous or unjust lawsuits. The civil court system hears product liability cases where personal injury attorneys specializing in defective product injuries represent the victim.
Consumers are Entitled to an Expectation of Safety When They Purchase or Use a Product
The designer, manufacturer or distributor of a consumer product can be held legally liable if the product causes an injury or death. A failure can happen at nearly every stage of bringing the product to market from its design and manufacturing processes or from a defect that causes the product to malfunction. Additionally, a product may be considered defective if the manufacturer failed to warn the consumer that serious injury could occur under certain circumstances.
Many victims suffer a spinal cord injury caused by a product defect like driving on an unsafe tire or a malfunctioning brakes system that causes an accident. However, other products can be defective as well including unsafe flooring materials or defective stairways and handrails causing accidents involving back injury.
Proving an Injury Claim Against a Manufacturer of a Device or Product
To be successful in obtaining financial compensation, the victim must prove three specific factors in a negligent claim. These include:
- The victim must show that the defendant had a duty to protect consumers when designing, manufacturing or selling a product in the marketplace.
- The defendant failed to provide reasonable safety by neglecting the obligation of properly informing the consumer of any potential risk and consequential dangers
- The victim suffers real injuries and damages that are a direct result of using the defective product
Failing through negligence or intention to ensure consumer safety adequately often serves as the foundation of a claim for recompense by all victims injured or killed by a defective product.
Strict Product Liability Claims Against a Manufacturer
Successful claims for compensation are not always obtained by proving design or manufacturer's negligence. Under strict product liability laws, the victim may only need to show injury or harm caused by the defective product. In addition, the victim may invoke a breach of warranty when a consumer product, part or piece of equipment failed or malfunctioned. Under the breach, the victim must have suffered an injury while the part or product was under warranty and show how the product failed.
A defective issue can arise from nearly any type of consumer product including automobile parts, medical equipment, pharmaceuticals and over-the-counter medications, food products, playground equipment and others. In addition to physical injury, the victims often suffer emotional trauma and mental anguish.
Receiving Compensation From a Manufacturer in a Spinal Cord Injury Lawsuit
If the victim suffers serious harm, like a spinal cord injury, they have the legal right to file a claim or lawsuit. A skilled attorney can show how a dangerous or defective product caused or contributed to the injury. These types of severe injuries often require extensive lifelong medical treatments, physical therapies and rehabilitation. Usually, the cost of healing to remain active involves home modification, the lifelong expensive prescription medications, ongoing nursing care giving and other associated costs.
If you have sustained a serious spinal cord injury or other back injury by using a defective product, Rosenfeld Injury Lawyers LLC can provide legal recourse. We offer a free initial consultation to discuss compensation. Our skilled attorneys can help you seek full financial recovery to ensure you have adequate recompense for all of your expenses including:
- Future and past medical costs
- Compensation for missed work due to the injuries
- Lost earning capacity
- A loss of intimacy, support and enjoyment of life
- The cost of DME (durable medical equipment)
- Mental anguish, pain and suffering
- Permanent or temporary nursing facility care
Call our law office at (888) 424-5757 to schedule a free case review to discuss all of your available legal options.