Product defect cases can be tough to prove, especially against major manufacturers with limitless legal resources behind them. Companies will often try to prove that you misused the product to cause an injury or that you ignored the operator instructions or warnings at your own risk. However, a West Virginia personal injury lawyer can defend your case against manufacturers of all sizes to get you damages for your injury.
How Do You Prove a Product Caused Injury?
A lawyer’s duty is to prove that a product (i.e. a toy, piece of sporting equipment, bicycle, mattress, fireplace, tool, etc.) was either designed improperly, manufactured incorrectly or marketed inadequately – all of which could cause a product to be defective. To do this, a lawyer must consider several factors, including:
– Whether a design defect was planned or unplanned – Whether an error during the manufacturing process caused an injury – Whether the product actually had a defect at any level (design, manufacturing or marketing)
Certain risks can also be deemed as defects, such as the level of danger a certain product poses. Danger alone does not make a product defective, however. What good would a dull knife be? But, if a product is unreasonably dangerous for the level of task it is designed to perform, it could be considered defective.
At the end of the day, the law holds manufacturers responsible to police their products for safety before they hit the market. They need to be properly labeled with warnings and instructions and they should be properly tested for durability prior to market delivery. If a defective product has injured you or someone you care about, call a personal injury lawyer to handle your case.