Manufacturing Defect
Representing Cases of Manufacturing Defects
Independent regulators and federal institutions like the United States Consumer Product Safety Commission work diligently to keep consumers and users of all manner of products informed about defects that happen in the manufacturing process or due to a product's design. In spite of all the testing, systems to ensure quality control, and the work of independent supervisory bodies manufacturing defects still occur, causing thousands of Americans every year to be injured, some of which even result in wrongful deaths. Some of these inevitably lead to personal injury and wrongful death cases, and throughout the U.S.
Failure to Warn
Manufacturing defects differ from design defects or issues involving a "failure to warn." They occur when a product that is otherwise well-designed is put together in a manner that can cause someone harm. This could be the case, for example, if an automobile manufacturer were to leave out a key part in a car's airbag system that might cause it to deploy under non-emergency situations. Or it could be the case if a pharmaceutical supplier were to put an otherwise safe drug in faulty packaging that could lead to premature spoilage of the medicine, making it unsafe to use.
Proving Liability
It is a complicated and time-consuming process proving that a manufacturing defect caused an injury and, once proven, a manufacturer may have to be compelled legally to provide an injured party with appropriate compensation. How one pursues a liable party depends on a whole host of factors specific to each individual case as well as the extent and type of injuries suffered. Generally, a plaintiff needs to file a claim within a specified time, known as the statute of limitations. Within this time, an injured party must prove that a manufacturing defect led to the injury, either directly or indirectly, and that the injury was serious enough to warrant legal action. Even if the manufacturer agrees to a settlement or loses against the injured party in trial, collecting monetary damages from the company may also be difficult. The manufacturer or its insurance provider may have to be further compelled to provide compensation in accordance with a legal judgment or settlement.
Contact Us Today
It is important for anyone who thinks they may have a product liability case to consult with competent personal injury attorneys such as those at The Husband & Wife Law Team. Our law firm focuses solely on personal injury and wrongful death claims, and we have done so since we opened our offices in Phoenix in 1996. In order to provide the best service to the people we represent, our firm limits the number of clients we take. Although we are members of Million Dollar Advocates Forum and the Arizona Trial Lawyers Association, our record of trial victories and testimonials from happy clients speaks more loudly than anything we might say on our own behalf.