Attorneys for Product Defects

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Liability for product defects is a vast and complicated area of the law. People have been hurt by all kinds of different products. In many cases, the manufacturer of a product issues a recall after becoming aware that a product is dangerous. In others, people are injured by a defect before any recall is issued.

If you or a loved one have been hurt by a defective product, here are some things you should know:

Almost every product liability action will require the testimony of at least one qualified expert to establish how the accident happened, and what the manufacturer should have done to prevent it. Elk & Elk will find the best experts for you, and can advance the costs of paying for experts.

You don’t have to be the one who purchased the product to recover for an injury. Anyone who the manufacturer could have foreseen using the product or who would have been exposed to it can prevail in a product liability action.

In addition to the manufacturer, the store that sells a defective product may also be held to account.


Unfortunately, big manufacturing companies and retailers often think it best serves their interests to fight product liability claims vigorously in court rather than to acknowledge their responsibilities. It takes a great deal of resources and experience to pursue a product liability action. Elk & Elk has the size, talent, resources, and reputation to take on the big companies and get justice.

Elk & Elk wants to help you fully understand your legal rights. If you, or someone you care about, has been injured by a defective product and need legal help, let our team work for you. Please complete the form below for a free legal consultation about product defects.



FAQ on Product Defects

Q: What options are available to someone who has been injured by a product?
A: A person injured by a defective or dangerous product may be able to take action for product liability and recover damages under one of the following theories: 1) strict product liability; 2) negligence; or, 3) breach of warranty.

Q: What is strict product liability?
A: Strict product liability refers to one of the theories under which a plaintiff can proceed when bringing an action based upon an injury caused by a product. In a strict product liability action, a plaintiff can recover damages without showing that the manufacturer or seller of a product was negligent.

Q: How do I know if I can sue based on a product supplier's breach of warranty?
A: There are two types of warranties: 1) implied warranties; and, 2) express warranties. You might be able to recover for a breach of an implied warranty, which are usually found in a state's commercial code and are not specific to particular types of product, but are implied under the law to cover most categories of products. You might recover for a breach of express warranty if the seller or manufacturer of a product expressly extended a warranty to you, in writing or verbally, and the product injured you.

Q: What are implied warranties?
A: Implied warranties are established by state law, and apply to most products sold within the state. Some examples of implied warranties include the "warranty of merchantability," and the "warranty of fitness for a particular purpose." In essence, these warranties state that a product will be fit and safe for its intended purpose.

Q: If a seller makes safety modifications to a product model after someone has been injured by that product, can a plaintiff use evidence of the safety modifications in proving a product liability case?
A: Evidence of subsequent remedial measures cannot be used as evidence of the manufacturer's negligence, but can be used to show other facts about the manufacturer, like ownership or control over the product's design.


Q: What does the term "product liability" mean?
A: Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. Potentially liable parties include: the manufacturer; a manufacturer of component parts; the wholesaler, and the retail store that sold to the end consumer.

 


At Elk & Elk you pay no fee unless you win

“Most people have a preconceived idea that it costs a lot of money to be represented by a skilled attorney whose main focus is injury law. At Elk & Elk, we take great pride in being able to represent victims of injury who in most cases will pay us nothing unless we have a successful outcome.” - David Elk

 

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