Roswell Product Liability Attorneys
Representing Those Injured by Defective Products for Nearly 35 Years – Roswell Defective Product Lawyers
Millions of people suffer injury each year after justifiably believing the products they purchase will be safe when used as intended. Businesses often place a higher value on profits than consumer safety and cut corners in the manufacturing or design process in order to increase company revenue. American companies are increasingly importing cheap products from foreign countries with dismal consumer safety records. Product liability law has the ultimate goal of protecting consumers from hazardous merchandise and providing compensation to those harmed by dangerous or defective goods.
The Roswell product liability law firm of Montlick and Associates offers the financial resources and litigation experience to challenge large corporations and their legal teams. Many large corporations that place defective products in the market have deep pockets to defend against product liability lawsuits. Our experienced Roswell product liability attorneys have the experience, expertise, resources and skills needed to take on the largest of corporations.
Basic Legal Theories in a Roswell Product Liability Claim
Product liability is the area of law that compensates individuals harmed by defective or hazardous consumer products. Anyone in the production and distribution chain may be liable when a product injures a consumer, including the entities that design, create, distribute or sell harmful products. Those companies that profit from the sale of their defective products bear the cost of injuries under product liability law. Our committed and experienced product liability attorneys may base a defective product claim on any of three separate legal theories: negligence, strict liability, and breach of warranty.
- Negligence: The failure of any individual in the distribution or production chain to exercise reasonable care to prevent foreseeable injury to consumers may be considered “negligence” in a product liability lawsuit. Companies designing a product may be negligent in any number of ways; negligence may occur in the design, manufacture, or inspection of the defective product. Businesses also may be negligent in providing adequate instructions or warnings of potentially unsafe uses or other hazards.
- Strict Liability: Consumers are not always required to prove negligence, which eases the evidentiary burden on consumers in a product liability claim. “Strict liability” is the concept of proving liability when there is no showing of fault. A consumer need not establish any particular lack of reasonable care on behalf of any individual or entity in the distribution or production chains when pursuing a strict liability claim. An injured victim of a defective consumer product need only show the following:
- Actual defectiveness of the product
- Existence of the defect upon dispatch from the manufacturer’s control
- Injuries sustained by the consumer were actually caused by the defective product
- Breach of Warranty (Implied or Express): Many products that are sold come with various warranties, including express warranties and implied warranties of merchantability and fitness for a particular purpose. The implied warranty of merchantability generally means that a product will meet a consumer’s normal expectations when used. If and when products fail to comply with the essential terms of these warranties, an injury victim may be able to recover monetary damages based on the breach of these warranties. Disclaimers complicate breach of warranty claims, as many products carry disclaimers which preclude assertions of warranty claims or may even reduce or eliminate the type and amount of damages sought by the injury victim.
Types of Product Defects Forming the Basis of a Roswell Product Liability Lawsuit
A product liability claim may be based on numerous types of defects. The basic types of defects that may severely harm a consumer include the following:
- Manufacturing Defects: Any defect that occurs during either the fabrication or production processes is a manufacturing defect. There may be issues associated with particular units that develop defects or flaws during the production and manufacturing process. Insufficient and improper quality control inspections or procedures may fail to reveal dangerous hazards. An example of this type of defect might include radial tires where problems in the bonding of the steel belts and the rubber of the tire result in the tire suddenly losing its tread.
- Design Defects: Design defects differ from manufacturing defects in that every unit of that model type is faulty. This defect is intrinsic in all units produced of a particular model. If a product has a feasible alternate design that could have minimized or prevented the risk of harm, this may constitute a basis for imposing liability. An example of a design defect would be a gas tank positioned closely to the rear of the vehicle whereby it becomes susceptible to exploding if the vehicle is involved in a rear-end collision.
- Failure to Warn: A product may be safe when used in one way but dangerous if it is foreseeably used in another way or under other types of conditions. The failure to warn basis for a product liability claim involves the manufacturer’s failure to provide adequate instructions or safety precautions regarding potential hazards associated with the product. If a children’s toy is a potential choking hazard for children but does not carry a warning to keep the product out of the reach of small children, this may be the basis for a product liability lawsuit.
Contact a Proven Roswell Product Liability Law Firm Today
It is vital to your claim that you keep and preserve all parts of the product, including any debris, instructions, labels or packaging. If a defective product harms you, it is essential to seek the advice and counsel of an experienced and reputable product liability law firm because product liability lawsuits may prove to be extremely complex and expensive. If you or a loved one is injured or a loved one dies because of injuries caused by a defective product, you may be entitled to financial compensation. Call our Roswell product defect attorneys at Montlick & Associates for your FREE CONSULTATION. Our experienced Roswell product liability lawyers are standing by to assist you. Our attorneys are here to help and may be able to visit you. We offer FREE CONSULTATIONS by telephone at 1-800-LAW-NEED (1-800-529-6333). Furthermore, please visit us online at www.montlick.com to access our free 24-hour live chat service or download a FREE CASE EVALUATION FORM.