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Who is Liable if You Are Injured by a Defective Product?

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When you purchase a product from a manufacturer, you should expect quality results and a great customer experience. However, sometimes products are defective with dangerous outcomes for the purchaser. When this is the case, you would not be at fault if you were injured by a defective product after using the item for its intended use. To win a liability case, several more factors are required before your attorney can expect to receive a settlement. For example, the product must be unsafe, the seller must have intended to get the product to the consumer without changing it, and you were ultimately injured by the defective product.

insured by defective products

Reasons the Manufacturer Can Be Held Liable

The manufacturer can be at fault for a variety of reasons, which include the following:

The Product Was Dangerous When Sold

If the item left the warehouse defective due to its design or processing, the manufacturer is responsible. Once the item is in your care, you open it, use it, and are somehow injured; this can be entirely blamed upon the manufacturer because the product has some kind of flaw in its design.

The Seller Sold It As It Was Intended.

When you receive the item according to standard protocol and company policy, then the manufacturer is to blame. This means that no changes have been made to the product when you purchased it, which directly ties the accident to the manufacturer.

You Were Injured

The manufacturer won’t be held liable if there are no damages. You must have received burns, cuts, broken bones, and other severe injuries due to the product.

Reasons the Manufacturer May Not Be Liable

In the scenario where the manufacturer is not to blame, they will not be held liable for your wounds.

You Used the Product the Wrong Way

If you used the product in a way that you know could have resulted in your injury, then you are to blame. This is also the case if you used the product even when aware of its defect, taking on the assumption of risk.

Your Actions Contributed to the Injury

When you use the product and are reckless, then you are to blame. For example, if the item can only be used in a dry area, but you used it in a damp environment, then the manufacturer can’t be held responsible.

Someone Else Tampered With The Product

During the transit of the products from the factory to the store, someone else may have interacted with the product. If it was changed enough that the tampering is the cause of your injury, then the manufacturer is to blame. You would have to work with an attorney to track down who may be at fault for your wounds and hold them responsible for your damages.

What Should I Do if I Am Not Responsible For My Wounds

When you have a defective product that caused you great harm, you can recruit the help of an educated lawyer who can help you fight for your right to a settlement. Personal injury attorneys are experienced in personal injury law and can help boost your chances of receiving maximum compensation. They can prove that the manufacturer is at fault by using your evidence.

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