Picture this scenario: you are with your friend in the local park. He just got a new phone, so he started fiddling with the device. Not too long later, he notices that the item begins to heat up. He does not pay much attention until it is too late. A sudden and small blast rocks from the device, engulfing your friend in an eruption of white, yellow, and red. You rush to the local hospital. The doctor returns to you later to tell you that he did not make it.
That scenario is what we call a wrongful death due to a faulty product. You might think that this example has a bit of exaggeration to it. You might be right on that. But, the reality is that it can happen to someone somewhere. Get in touch with a wrongful death attorney in Houston if you have a case in your hands. They will assist you with a product liability case.
Any product or item you purchase or obtain should be comfortable and safe to use. However, there are instances where some goods have defects in design or during manufacturing. These defects and malfunctioning components can cause injuries and even wrongful deaths. They can happen to anyone – that includes your friends, family members, and even you. So what does the law have to say about these kinds of products? Let’s check it out.
A defective product is any item, component, or device having one or several defects. These imperfections and defects cause them to malfunction. Someone might lose their life tragically due to these malfunctioning components. Numerous products can have faults. But some products are more prone to having them more than others:
- Car components
- Electrical gadgets
- Medical devices
- Power tools
- Kitchen appliances
- Industrial equipment
- Children’s products
- And so on
Three primary kinds of product defects can lead to injuries and fatalities:
- Design defect
A design defect can be present in a component or entire ready-to-sell product. It is a common practice to recall all products, once a fault comes into existence.
- Marketing defect
Sometimes, a user does not have enough information on how to utilize a product with care and safety. It can lead to injuries and wrongful death. It is a must for companies and manufacturers to lecture consumers about their goods.
- Manufacturing defect
A manufacturing defect happens while a product is still in the assembly process. It can be that a device or machine has errors while making or tuning that component. It can also be due to human negligence or error.
It is clear as day that products can have several defects while on assembly, marketing, and during manufacture. If someone loses their life due to a defective product, someone should be responsible. Theoretically, the following can be held liable for the tragic loss of life:
- The manufacturer of the product
- The manufacturer of additional components that make up the item or device
- Any party or company responsible for the product’s assembly
- The product’s wholesaler
- Any retailer who sells the product to a customer
- And so on
Once a wrongful death happens to someone close to you, you have the option to file for product liability. Product liability is a segment of law that involves cases of defective products and unsafe goods. This area of law covers a lot of consumer products, including:
- Real estate
- Food items
- Medical wares and apparatus
- And so much more
In addition, several theories surround product liability. Check them out:
- Strict liability
A product’s designer or manufacturer must compensate you or your family for death. This aspect can occur once you prove that the product was not safe to use during normal usage circumstances. With strict liability, you only have to prove that the product, item, or component was defective and caused injuries or death to someone.
Some workers might also be negligent when it comes to assembling a part or item. That makes the overall product unsafe for usage or consumption. Negligence can also be a part of your claim if a product does not have sufficient directions for its utilization.
- Breach of warranty
Some items and gadgets are already unsafe to use. A legal firm can give you a hand with your claim once that is the case. They can assist you when a product does not live up to its warranty at all.
Losing someone you know due to product faults and defects can be shocking and unpredictable. But you can make sense of their death by making sure any responsible individual or party must be held accountable for their actions. How can you do that? That would be the easy part. Get in touch with a wrongful death attorney.