Product liability law applies to manufacturers, designers, and/or distributors of products that are dangerous for consumers to use or that fail to warn of the possible dangers of a product. When a product has defects or deficiencies in its design, manufacture, distribution, or contains improper instructions and warnings to the user, it may result in a foreseeable injury. Oftentimes, a manufacturer looks past the product defects for the sake of maintaining profits.
Manufacturers have a duty to ensure that their products are safe for consumer use. Regardless of the use of a product, manufacturers and retailers (store owners) must ensure that products are properly designed and made safely and that defective products are prevented from entering the market. However, if a defective product injures a consumer, the manufacturer, designer, distributor, and retailer are all legally liable if the consumer was using the product as it was intended when he or she was injured.
Manufacturers have a duty to ensure that their products are safe for consumer use.
Forms of Product Defects
The defects and/or deficiencies of a product can be created in one of three ways. If a product features any of these types of defects, they are eligible for litigation in a Nebraska product liability lawsuit.
While the design of a product can be a long and in-depth process for a company, it is still possible for errors in the design of a product to occur. While such defects can occur as a mistake, they can also be the result of a company cutting corners for the sake of profit. Design defects are applicable to an entire line of products, as all that are manufactured in accordance with the design contain such a defect and are inherently dangerous to consumers.
Although the design of a product may not contain any flaws, defects may occur during the actual creation of a product. This can happen due to the use of inferior, unsafe, or inadequate materials, or the improper construction of a product and/or its parts. These defects can occur during the creation of an entire line of products or may only affect a few products due to the negligence of a company and its staff.
Failure to Warn
This form of liability occurs when a company fails to properly warn consumers of the dangers inherent in the product. All companies are legally required to provide full and detailed warnings on the potential dangers a product poses. In order to hold companies legally responsible and liable for compensation, the corporation must be proven to have known about the defect(s) and chosen to not warn customers properly.
For information regarding recent recalls, visit the Consumer Product Safety Commission website.
Experienced Omaha Defective Product Attorneys
While many companies recall their products of their own accord, many others must be forced to do so by government agencies and investigations. However, such recalls typically only occur after accidents have happened and demonstrated the danger of a product. Sometimes, these accidents are common enough to result in the injury or death of many consumers.
In the event that an injury occurs due to a defective product, you will need an Omaha personal injury lawyer who understands the complexities of dealing with product liability. Cullan & Cullan LLC have the resources available to properly handle product liability cases. Our attorneys are also physicians, allowing us to both understand the extent of a client's injuries and successfully expose companies as responsible for such dangerous products. If you or a loved one has suffered as a result of a product defect, contact us at (402) 704-3537 immediately to find out how we can help you.
Call Today for a Free Consultation
We are here to help you obtain compensation from those responsible so that you can focus on healing, rehabilitation, and getting your feet back on the ground. For more information about how the lawyers at Cullan & Cullan LLC can assist in protecting your rights, please call (402) 882-7080 today for a free case evaluation.