When Products Fail & What It Means To You

When Products Fail & What It Means To YouMost personal injury cases revolve around the scenario that you or people you are with have received injuries due to negligence. While that’s certainly the most common case for an injury, it is far from the only, and in some cases, there is no actual person to blame when an injury is incurred. The reason for this is simple; even if you are alone and there is no one there to hurt you, there is still the possibility that the tool, vehicle or other product you are using has failed in such a dramatic fashion that it actually results in injury. This can run the gamut from a catastrophic vehicle failure to a power tool not operating correctly to a defective device such as a television or video game console inexplicably bursting into flame. In each case the result is the same; the injuries sustained were the result of the product, not a specific individual harming you. In such cases, what do you do?

Gather The Facts

The most important thing you can do is ensure the accurate collection of information on the incident as your attorney will need this going forward. Whether the product was in or out of warranty, whether you were using it for its intended function, whether the product showed any early signs of failure, any and all of these pieces of information—and more—will be vital to an attorney to determine whether there is a case here.

At this point, even though this is clearly a case of personal injury, the nature of the incident means that it falls more under the purview of what is called “Product Liability.” This simply means that the injury is the result of a defective product, and therefore, other parties may be responsible, and it is up to an investigation to determine where the blame may be placed in such an incident. One of the distinctive qualities of a product liability case versus a traditional personal injury case is the fact that the blame may not always be assigned to where you expect it.

For example in a case where using a brand new power drill results in an injury, an investigation will be conducted to trace the exact sequence of events and movements of the product. The investigation may discover that while the product was thoroughly tested and complied with all the safety standards of the manufacturer, there may have been negligence in the shipping—or even the handling—of the product as it was brought to the store where it was purchased. If it can be proven that the distributors or the retail outlet itself were responsible for damaging the product and that the product itself was not inherently defective, then the blame will rest on those parties and not the manufacturer of the product.

On the other hand, it could very well be that the product itself has been built with a defect that the manufacturers themselves have failed to address. In a case where the injury can be traced back directly to the manufacturer’s own negligence, not only does the blame and product liability rest with the company that created the product, if this is a consistent defect that many consumers are experiencing there are grounds for what is called a “class action lawsuit” in which many individuals get legal representation as an attorney seeks compensation for the injuries incurred.

Injury through product liability is a very complex issue that should be handled by an experienced legal team. Always make sure you consult with the experts to determine what your rights, compensation and best course of action are if you are injured by a product defect incident.


Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.


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