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Most of us use dozens of consumer products
every day. And, most of the time, those items pose no threat
to us. But the recent controversy surrounding the safety of
Firestone tires make it clear that defective products do exist
and that we can be injured or killed by them long before they
are fixed or taken off the market. If you or someone you love
is injured or killed by a defective product you may want to
bring a "product liability claim."
In some cases, an unsafe product has been
manufactured in a way that has caused it to function differently
than the designer intended. Sometimes, however, it is the
original design that is flawed. This is often the case with
infant and toddler toys that must be recalled because they
are, for example, easily swallowed.
Winning a product liability case can be
difficult. We will bring in experts to examine evidence regarding
the product's design. We may also need to prove that the manufacturer
knew that the defective product was unsafe but did nothing
about it.
Even if a product was designed and manufactured
correctly, you may still be entitled to compensation if the
defective product was sold without adequate instruction on
how to use it or warnings about its potential risks. For example,
the makers of a garbage disposal must inform buyers of the
dangers involved in sticking a hand or finger down the drain
when the machine is in use. If instructions and warnings are
not clearly spelled out, designers, manufacturers, distributors,
and sellers may all be liable under the law.
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