The companies that manufacture, sell, and distribute products to millions of citizens should be held accountable when their products cause harm. A Columbus defective products lawyer could help you take a stand against companies and insurance carriers that would like to prevent you and others from receiving the just compensation you might deserve for your injuries. An experienced personal injury attorney could guide you through the process and help you weigh your options moving forward.
There are two causes of actions that someone suffering from a defective product injury in Columbus could use in their lawsuit. A plaintiff could pursue a claim based on a theory of ordinary negligence, or, if applicable, they could pursue a strict products liability claim against the defendant. In order to bring a cause of action for negligence, plaintiffs must show four elements:
Under the first element, duty, a plaintiff must show that the defendant owed them a duty of reasonable care. Companies owe a duty to prevent unreasonable risk of harm to foreseeable plaintiffs.
Under element two, a plaintiff must prove that the defendant breached their duty of care by failing to act reasonably. The defendant’s breach must be the proximate and actual cause of the plaintiff’s injuries. For example, if a car manufacturer was negligent in their production of a vehicle, causing a defect and a resulting accident, that defect must be the cause of the plaintiff’s injuries in order to support a negligence claim.
To bring a strict product liability claim, a plaintiff does not have to prove that the defendant was at fault, or breached their duty, as in negligence cases. A defective product plaintiff in Columbus would only have to show that the defendant manufactured the product, there was a defect in the product when it left the manufacturer, and that the product’s defect caused the injury.
Three types of defects could be used to serve as a basis for a strict product liability claim: manufacturing defects, design defects, and marketing defects. Marketing defects, also known as “failure to warn,” occur when a manufacturer or seller fails to adequately warn a consumer of a foreseeable danger that could arise from using the product. If the danger is obvious or if the consumer uses the product in a way that is not normal, they may not be able to sue under a product liability claim.
Under a design defect, the product’s inherent design is defective, and the design is unreasonably dangerous. All products that share that design would be deemed defective. Manufacturing defects, on the other hand, either deviate from the product’s intended design or otherwise manifests a defect during the manufacturing process which renders the product dangerous.
Millions rely on the health and safety of the products they buy. When an unexpected injury happens from a defective product, the companies that make that product should be held responsible. A Columbus defective products lawyer could review the facts of your case and help you build a strategy to strive for legal recovery. Start exploring your options; call now to schedule a consultation.