Recovery from Injuries Caused by Defective Products
When you purchase a product, you expect it to work as intended and not cause harm. However, some products are manufactured improperly, and the end result is an item that causes injury. For example, food processors are wonderful products to own. They make popular wedding gifts and a handy tool in the kitchen. However, because of the number of blades and the high rate at which those blades chop and process, food processors contain several safety latches and features. When those safety features are improperly made, serious injury can result. When a product causes an injury, there are potentially a host of parties responsible. The manufacturer, marketing company and final point of sale establishment all owe a duty to ensure consumers go home with safe items. If an injury does occur, the law imposes liability under a theory that does not require intent to harm be proven. Competent personal injury attorneys know how to argue these unique types of cases to the injured party’s benefit.
The legal theory most often utilized when products are defective is called strict liability. Strict liability does not require the injured person to prove the party responsible for the accident actually intended to cause an injury. This type of legal theory is also available in other areas, such as:
- Alcohol service: when a bar or other establishment licensed to serve alcohol serves a visibly intoxicated person, that establishment can be held liable for injuries the intoxicated persons causes.
- Alcohol sales: selling alcohol to minors who then cause an accident can result in the seller being held strictly liable for the injuries caused.
Thorough examination of your case by a qualified attorney is critical, because identifying instances of strict liability can provide additional sources of liability. Without having to prove intent to harm, as is the case with strict liability, you can reduce the time your case takes to reach final resolution and likely lower your costs. When you are hurt, you deserve an expedient and accurate disposition of your case.
Experienced Virginia and Washington, D.C. personal injury attorneys at Hartel, DeSantis & Howie, LLP understand how personal injury cases and legal theories such as strict liability intersect. If you have been hurt by a product, call our office for further review of your case. Contact us to schedule a free initial consultation.
By Michael A. DeSantis | Published July 27, 2014