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| BRODD LAW FIRM L.L.C. |
| River Ridge Professional Center |
| 1200 Hosford Street, Suite 102, |
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| Email: info@broddlawfirm.com |
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Product Defects
A plaintiff in a product liability case is required to show that the product which caused injury was defective, and that this defect rendered the product unreasonably dangerous. For example, while a chainsaw can be dangerous, its intended purpose is to function as a chainsaw. It would not be considered to be defective simply because it's a chainsaw. However, if the state-of-the-art of chainsaw design required that the chainsaw have a safety chainsaw brake installed to stop the chain from rotating and the chainsaw break failed to work as designed, the chainsaw may be considered defective. Since chainsaws by their very nature are dangerous, manufacturers are generally required to provide instructions to users on how to properly use the product and warnings to users on how to avoid misusing the product and the dangers associated with the foreseeable misuse of the product.
There are three types of product defects that may create product liability: design defects, manufacturing defects, and marketing defects.
- Design Defects. A design defect is a flaw in a product's design that makes it hazardous. For example: an unstable piece of furniture may tip over easily and therefore be considered defectively designed. A liability claim for a design defect often requires proof of negligence. However, if the plaintiff can show that an alternative design would have not resulted in injury and was cost-effective, strict liability may be shown.
- Manufacturing Defects. These occur when a product is not produced according to the design specifications. These cases may have a stronger evidentiary basis for proving the defect, since the manufacturer's own standards and designs can be used to show that the product was not manufactured in accordance with the specifications which rendered the product defective. However, this proof requires some presence or involvement in the manufacturing process.
- Marketing Defects. Marketing defects can include improper or insufficient labeling, instructions, or warnings. They can also include a negligent or intentional misrepresentation of a product in advertising or product documentation.
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| "Dear Joel, A heartfelt and sincere thank you for an outstanding job to win our case. I know you went above and beyond the call of duty in an effort to gain the most for the sake of my injury. I believe I don't even know the untold hours of research and information gathering you put in. Above all, I appreciate the genuine interest in ME. You invested your own time to recommend a good doctor even after our case was closed, because you are interested in MY well being!! Thank you again Joel and I will be more than happy to recommend you to anyone in need. Sincerely JW." Read More |
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