Product Liability Cases Involving Manufacturing Defects
By Younker Hyde Macfarlane on January 21, 2016
As a consumer, you have every reason to expect that the products you purchase will be reasonably safe to use when used for their intended purposes. Consumers have the right to file product liability lawsuits when they are harmed by products that are unreasonably and unforeseeably dangerous due to defects, whether in their design, manufacture, marketing, or some combination thereof. Such lawsuits help to send the message that dangerously defective products should not and will not be tolerated by the American consumer.
While no dangerous product defect is excusable, defective medical products are particularly reprehensible. People’s lives depend on medical products functioning properly. When they malfunction or actually cause harm due to manufacturing defects, manufacturers should be held responsible for the consequences. As experts in medical malpractice, product liability, and manufacturing defects, the Salt Lake City, UT personal injury lawyers at our firm, led by experienced attorney Norman J. Younker, are uniquely positioned to handle product liability claims involving medical products.
If you or a member of your family has been injured by a defective medical product, or if you have lost a family member to such a product, we urge you to arrange for an evaluation of your product liability case today.
About Product Liability Cases
Product liability cases are unique among personal injury cases in that they generally bring into play the doctrine of strict liability. Normally in personal injury cases, it is necessary to demonstrate that a specific act of negligence on the part of the defendant caused the injury to the plaintiff, thereby leading the plaintiff to file a lawsuit seeking damages from the defendant. Without sufficient evidence supporting that this act of negligence occurred, there is little chance that the plaintiff will be able to recover damages.
However, in product liability cases, the defect in the product is usually considered sufficient evidence of negligence. If, for example, you were injured by a manufacturing defect in a medical device that was implanted in you, there would be no need for our attorneys to present evidence that the manufacturer committed an act of negligence to create that defect during the manufacturing process. The fact that the defect exists is evidence enough.
What our lawyers have to show is that:
- There is in fact a manufacturing defect present in the product;
- The defect was responsible for your injury;
- You were using the product properly (e.g., you were following the instructions of your doctor and the manufacturer) at the time of your injury;
- The accident involving the product and causing your injury could not have reasonably been foreseen and avoided;
- And you suffered demonstrable losses and expenses as a result of your injury, for which you should be compensated by the manufacturer of the product.
Assuming that all of these elements are in place, your product liability case should be successful.
Arrange for an Evaluation of Your Product Liability Case Today
To arrange for an evaluation of your product liability case, please contact our medical malpractice attorneys today.
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They were extremely knowledgeable, extremely helpful experts. The team helped me with all aspects of my case, including medical and financial, and understood that it affected more than me but also my family.- Jill S.