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Who is usually held liable for the defective product?
Usually, the manufacturer or seller of a product is on the hook for injuries sustained as a result. These could include a manufacturer, someone who assembled the product, any wholesale or retail store who sold the product and of course the original manufacturer. The sale usually has to occur in a business that in its normal scope of business would sell those sorts of items. So obviously if you were a secondhand buyer of a product, the person you purchased it from may not have any liability, but the original manufacturer would.
What are the different types of defects a product can have?
Products come in all shapes and sizes, and the defects they may contain also come in different varieties. There could be a defect in the design of the product which made the product unsafe and should have been caught in the design process. There could have been a defect during the manufacturing stage of the product when the product itself was actually being assembled. There could also actually be a claim for a defect in the way the product was advertised or marketed. If there was improper labeling or of the instructions themselves were misleading and contained improper safety warnings, this can also be held against a product manufacturer or seller.
If I altered the product, and then was injured, do I have a claim?
This may impact your ability to make a claim. If you as the consumer substantially altered the product and it is now different than the original product you purchased, that may hurt a potential claim you have, and a manufacturer or seller will most certainly raise this as a potential defense. There could also be a defense raised by the manufacturer and/or seller that the consumer was using the product in an unforeseeable manner, and that because the consumer was using the product in a way other than it was intended, the consumer is responsible for their injuries.
Contact the Lopez Law Group Today!
If you or someone you know used a product and were injured as a result, contact the attorneys at the Lopez Law Group today. Consultations are always free on these sorts of cases, and the attorneys would be able to speak with you regarding any potential claim you might have and the strengths and weaknesses of that potential claim. Call us today at 727-933-0015. Our attorneys are standing by and are ready to assist.