Every year, several customers sustain product-related injuries, which are usually caused due to the defects in manufacturing, marketing, or design of a product. Product liability refers to the legal responsibility of those involved in the manufacture of a product that caused the injury to the customer. A professional personal injury attorney in Albuquerque NM will offer quality assistance in product liability claims.
Types of Defects:
As mentioned earlier, there are three kinds of product defects – Manufacturing defects, Design defects, and Marketing defects.
- Manufacturing defects occur during the production or manufacturing stage of the product. This defect is usually found in certain number of items.
- Design defects are intrinsic as they occur before the manufacturing process. Regardless of the functionality of the product, it could be potentially harmful for use because of the flaw in its design.
- Marketing defects deal with the failure to providing instructions and warnings about the potential dangers with regards to the usage of the product.
3 Common Myths About Product Liability Cases:
Following are the three common misconceptions about product liability.
Myth 1: Void or Expired Warranty Means You Cannot Sue
Fact: Product liability claims can be made, regardless of the warranty of the product. If a manufacturer states that a product will work in a certain way to fulfill customer requirements, and the user suffers injuries due to the underlying flaws prevalent in the said product, a product liability case shall be made. Albuquerque personal injury attorney clarifies that even if the warranty of the product is expired or void, you will be eligible to receive compensation due to the injury caused by the product usage.
Myth 2: Altering or Modifying Products does not Make You Eligible for Product Liability
Fact: Customers usually alter or modify the products to their own convenience. If a fragile portion of the product breaks, not all users will replace it. Sometimes, users will also remove labels and tags if they impact the regular usage of the product. If the product that caused the injury remains in its original condition, the chances of winning your case is more. However, that does not mean any alterations or modifications made on the product disqualifies you from receiving compensation.
Myth 3: Only Intended or Foreseeable Uses of the Product are Covered in Product Liability
Fact: Most people are under the impression that they are eligible for compensation only if the product is used in the exact way described by the manufacturer, and the injury was caused due to the same. While this definitely strengthens your case, Albuquerque personal injury attorney suggests that you will still be eligible to receive the compensation if the product was used in a different way. During the design phase, manufacturers will have to address and figure out the possible alternate uses of their product.
Product liability cases will involve substantial debating with regards to the warranty, modification, and intended usage of the product. This is why it is necessary to get the assistance of a reputable personal injury law firm in Albuquerque that will help you in discovering the opportunities to success.