Compensation for Dangerous or Defective Products
The underlying idea behind product liability is that any party along a products design, manufacturing or retailing chain has a responsibility for the safety and performance of a product. The law holds parties along that supply chain liable for the damages caused. This can get quite complex as the numbers of parties involved in the final purchase or use of the product can include:
- The various manufacturers or providers of the individual parts used
- The company or manufacturer that assembles those parts
- The distributors and wholesalers
- The retailer, seller of the final product or service
A product can be defective in original design, in the parts used or the assembly as well as in the marketing materials such as misleading the end-user as to the safety of a product or as to its proper use.
Take for example a ladder for commercial use - the initial design could be faulty and only provide for light use or specify slippery, non-grip surfaces that would be inappropriate for a construction site or warehouse application. Or the component parts used for the treads could be sub-standard and collapse under heavier commercial use. The marketing, promotion and sale could represent the product as the "gorilla of ladders" when in truth it is a flyweight ladder that should best be used for light kitchen tasks or changing bulbs at home. When it collapses they are at fault.
There are many areas of product liability law and they all are intended to provide protection and compensation to consumers or end-users that were harmed or injured by the product. Even dangerous products can carry a liability when the dangers are not properly disclosed or made clearly understood. A strong example is the many product liability lawsuits that the tobacco industry has had to fight over the past years. Underlying many of these class action suits lays the misrepresentation that the companies spread concerning the safety of their product as well as the suppression of evidence to the contrary.
Proving a Product Liability Case
This is a very complex area of the law and should be approached with the representation of an experienced and knowledgeable Wichita personal injury lawyer from Rick Hodge, Attorney at Law. The mere fact that a product caused harm is not enough to make a case or win a settlement. Establishing the liability and gaining a settlement requires a depth of legal work. Proof of negligence and the presentation of a body of technical evidence and supporting facts is required for any such claim.
To get the help you need with your claim contact a Wichita Product Liability Lawyer to discuss the facts of the case.