Serving clients in Fayetteville and all of NW Arkansas
When we purchase a product from a retail store, online, or through a catalog we all expect to receive a product that is fit for its intended purposes and one that is not defective or extremely dangerous. Unfortunately that is not always the case; products that are unreasonably dangerous for their intended or foreseeable uses are introduced often. However, you do not have to be left on the hook for the injuries you suffered due to a defective product. Ken Kieklak, Attorney at Law can fight to obtain compensation for your injuries, suffering, and pain.
When Can a Lawsuit for a Defective Product be Brought?
Product liability suits proceed under a theory of strict liability. In contrast to negligence actions, this means that you do not have to prove intent to harm. Instead the focus is on the product and whether it is unreasonably dangerous due to a defect in manufacturing, design, or failure to warn. The product must have been utilized as intended or a foreseeable use and the injury must have resulted from the defect. Finally, the product must not have been subjected to substantial alterations or modifications since its sale. Effectively showing and proving each of these legally required elements can require the experienced hand of a seasoned attorney.
What is a Design Defect?
A design defect occurs when a product is manufactured as intended, but there is an error or imperfection that makes the product unreasonably dangerous. To better understand what a design defect is, let’s consider a hypothetical new soda bottle design. This design utilizes 20% less glass while holding the same amount of soda. The bottles are manufactured according to specifications, but when individuals take a drink from the bottle, the neck often snaps off leaving behind pieces of extremely sharp glass that results in severe lacerations. These injuries are the result of the design process. Other design defects could include:
- A blender that is design to operate on the wrong voltage.
- An office char design that can collapse unexpectedly.
- A vehicle that is designed so that a minor rear collision results in a fuel tank explosion.
What is a Manufacturing Defect?
In contrast to a design defect, a manufacturing defect occurs when the manufactured product deviates from the blueprints or design. Thus the defect is introduced when the product is created. So that we can better understand a manufacturing defect, let’s again return to our example of the improved soda bottle. This bottle is still designed to use 20% glass and it would function as intended if it was manufactured according to specifications. However, in the manufacturing process, the machine ends up using 30% less glass. By using 30% less glass the bottles can spontaneously shatter while in storage. This defect would be one due to the manufacturing process.
Fort Smith, Arkansas Defective Product Injury Lawyer Ken Kieklak
A failure to warn claim can arise when a product is put into the stream of commerce without adequate instructions, warnings or precautions to prevent foreseeable misuse. An over warning claim can arise if warnings are so numerous as to dilute the importance of essential warnings so that they are disregarded.
If you have been injured by a defective product, you may be entitled to compensation. For your free and confidential defective product consultation, call Ken Kieklak, Attorney at Law at (479) 251-7767 or contact us online.
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