Product liability is the area of personal injury law that deals with accidents caused by defective products. Defective products cause a risk not only to you but also to the millions of other people who may have purchased or used the same good. Faulty items can cause anything from minor burns or cuts to severe injuries or even death, and the people responsible should be held accountable.
If you have a potential claim against a manufacturer or distributor, an Augusta county defective products lawyer should be your first call. A personal injury attorney may be able to help you find the best way to fight for a favorable outcome. From seeking personal damages to protecting other consumers, your case matters, and you deserve fair compensation.
Product liability covers a broad area of the law, but there are three categories under which most claims fall: negligence, breach of warranty, and strict liability.
Negligence is when a claim arises from the carelessness of the developer, manufacturer, or retailer of a product. If you are injured because a reasonable amount of care was not used when creating, distributing, or selling the product, there may be a case for product liability negligence.
Breach of warranty is nearly as simple as it sounds. If you were injured because the manufacturer did not uphold the terms of the warranty agreement, the manufacturer may be liable for a breach of warranty product liability case.
Strict liability means that even if the plaintiff cannot prove negligence, the developer, manufacturer, or retailer may still be considered at fault for a product injury. This type of case is usually formulated because product liability can be challenging to prove, but an Augusta County attorney could put forth a strong case tailored to the facts of your situation.
In most legal cases, it is up to the person making a claim to prove fault, but this is not always the case in product liability. A law doctrine called res ipsa loquitur can turn the tables and shift the burden of proof to the defendant. It essentially says the fact that there was an injury at all means the case is probably valid. If this shift occurs, it becomes the manufacturer’s responsibility to prove that the claim has no merit. This legal doctrine can benefit consumers by making it far more difficult for the other party to mount a defense. An Augusta County attorney could further explain this area of product liability law if applicable to your case.
Product liability is a complex area of law, and an Augusta county defective products lawyer may be able to offer you the best possibility for a fair settlement in your case. If you are up against a manufacturer whose product has caused you harm, you need a solid strategy to get the damages you deserve. A knowledgeable attorney could conduct depositions, draw up expert testimony and gather evidence to support your claim. Your legal team may also be able to build a case against the retailer of the product or even the product developer. There are many hands that a defective product must pass through before it can harm a consumer. To start building your case, reach out to The Warren Firm for a private consultation today.