What is product liability? When a person is injured while using a product—any type of product—a good attorney will want to investigate whether there was a problem in the way the product was designed or manufactured. If so, then the injury might have been prevented if not for the defect.
If you sustained a serious injury due to a product that malfunctioned or broke, you may want to consult with an attorney. A product liability lawyer will investigate the facts of the case, find out if other people had also been injured by the same product, and figure out whether your injuries were the result of a defect in the product. In this video, HensonFuerst partner David Henson answers basic questions about product liability and defective products.
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If you have additional questions about product liability injuries, feel free to visit our website at http://www.lawmed.com/, and don't forget to look at some of our other videos at http://www.youtube.com/hensonfuerst/.
What is product liability?
Hi, this is DH with HF Attorneys in North Carolina. While my wife, Carma Henson, and I were getting dressed this morning, her curling iron started sparking and smoking. With catlike reflexes, she quickly unplugged it, dispersed the smoke, and averted all sorts of bad things that could have happened us or to our house. Then, like the well-trained lawyer she is, Carma proceeded to rant that the curling iron was brand new, and that she wanted her money back for that piece of junk. I, on the other hand started thinking about what could have happened had it injured someone in our family, or if it had burned down our down. Then, I thought, let's use this piece of junk to educate folks about Product Liability law and what it is. So....here goes:
A defective product is any product that a manufacturer or distributor knew, or should have known, would cause injury in its normal course of use. A claim usually results from either a design defect or a manufacturing defect.
Design defects typically focus on the creation phase of the product:
• how it was thought up and developed
• how it was intended to be constructed and manufactured
• whether the designers considered the likely uses of the product
• how the designers considered potential failures of the product.
Claims relating to the manufacturing phase of the process may relate to:
• inadequate quality control
• use of substandard materials in construction
• assembly of materials in a manner inconsistent with design specifications
• how the product was distributed.
So, in the context of the burned curling iron, we don't really know what caused it to catch fire and start smoking. Had the injury or damage been severe enough, we could hire an accident reconstruction engineer to take it apart and figure out what happened to it. These independent experts are unbiased scientists who can figure out whether any design, manufacturing, or structural defects occurred in the manufacture of the product. One of my favorite tasks as a lawyer is to go to the offices of accident reconstruction engineers while they are testing defective products. There is nothing quite so entertaining as watching engineers try to make curling irons, toasters, or other defective products catch fire, fail, or break because of shoddy workmanship, construction, or design.
Another thing that we do in defective products cases is check whether other people were also injured while using the product. Defects tend to occur more than once, so we start by locating other instances of similar injuries in similar circumstances so that we can build upon the case that we are trying to piece together.
In the end, products liability cases are both interesting and challenging. We enjoy knowing that we are helping to improve the safety of products sold in our communities, and it is gratifying to work for clients who need our help in rebuilding their lives.
If you have additional questions regarding product liability cases, go to our website at www.lawmed.com . As for me, well...it looks like my job is to try and get our money back for this piece of junk.