Understanding Design Flaws and Product Liability Lawsuits
By Michael Verna on September 13, 2017
A design defect refers to a flaw inherent in a product or good itself. These issues are not the result or poor manufacturing, marketing, damage to the product in transit, or a lack of sufficient warning labels. Instead, the product is simply dangerous or harmful in the way it was conceived.
When someone uses a product as directed and intended yet suffer serious injuries, they can seek damages against the product manufacturer to address injuries and other losses associated with the incident. Our team of product liability attorneys have helped people in San Jose and throughout the Bay Area hold companies accountable for their actions. We'd like to consider the dangers of design defects in greater detail and why lawsuits ought to be sought.
Examples of Design Defects
Design defects can take many different forms. Some examples of design defects include the following:
Unsafe Toys – Poor design defects in children's toys may mean having small parts that can result in choking hazards, which is a major concern for toys made for babies and toddlers. In addition, toys with sharp points or edges can pose another hazard in toys for young children.
Unsafe Vehicles – Poor design defects in motor vehicles can vary. Sometimes the brake systems or steering systems in a vehicle may be inherently flawed, making it difficult to operate a vehicle safely. The chassis of a vehicle may be more likely to injure a motorist because of poor crumpling, or may make rollover accidents more likely because of a high center of gravity.
Unsafe Consumer Electronics – Phones, tablets, or other electronics may be pose an inherent danger of electric shocks, burns due to excessive heat, and other kinds of unforeseen injuries due to their design.
Holding Companies Accountable for Design Defects
Companies have an obligation to consumers. Having safe products that function properly is to be expected, and yet companies may cut corners in terms of designing goods, ensuring that safety standards are met, and that products are tested before they hit the market.
It's important that you speak with injury attorneys about the potential for a product liability lawsuit. These cases can help prevent future injuries and promote improvements in safety and design standards throughout the industry.
Damages Sought in Product Liability Cases
There are two kinds of damages that can be sought in personal injury cases such as product liability lawsuits.
Compensatory Damages – Compensatory damages are damages that are intended to cover the material and financial losses related to an injury. This include the cost of medical bills, lost wages due to injury, loss future earnings due to disability, damage to or replacement of personal property, and so forth.
Punitive Damages – Punitive damages are meant to punish the company for acting in a negligent manner with regard to design, manufacturing, or marketing of a product. These are generally determined based on the nature of the design defect and the injury a person has sustained.
Contact the Law Firm of Bowles & Verna
For more information about your legal rights and options after a serious injury, be sure to contact our team of professional trial lawyers today. Working with skilled attorneys can be a crucial step toward achieving justice and holding companies accountable for negligence.
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“With 24 lawyers and a total of 50 employees on our team, we have the resources to do battle with major insurance companies and corporate defendants.” Attorney Michael Verna