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What Happens If I Have Been Injured By a Defective Product?

For more than forty years, Goss Law has been helping people who have suffered a personal injury at the hands of someone else. These injuries are caused by the negligence of others, often on the road in a car, truck, or motorcycle accident. Just as common, although less discussed, are personal injuries caused by a defective product.

Defective products can run the gamut from things you would expect to be dangerous to those usually harmless. These can include heavy machinery, cars, clothes, batteries, pharmaceutical drugs, firearms, elevators, and even children’s toys. The fact of the matter is that if it is a product you can buy, then a defect can lead to grave consequences.

If you have suffered a personal injury at the hands of a defective product, it can be difficult to know who is responsible. If all you did was buy a product at Walmart, is it your fault for buying it? Walmart’s fault for selling it? The product’s company’s fault for creating it? The defects at fault can normally be broken down into three categories of responsibility:

Design. Design defects are ones that are in the blueprint for the product to begin with. For instance, if an electric toothbrush can sometimes spark in use as a result of how it was designed to be built, that is a design defect. It is important to note that if you suffered an injury from getting this toothbrush caught in your throat, that would not be liable to the known design defect. Only if your injury happened because of the toothbrush sparking would your personal injury case hold up in court.

Manufacturing. Manufacturing defects are ones that were not intended in the design but can come along as a result of production. These could be widespread defects or ones that only end up happening to a single product in a line of thousands. A manufacturing defect might be a car that was assembled without brakes. The original design had brakes, of course, but for some reason they never got added to your specific car. If you suffered a personal injury because of an unintended missing or added element, that is a manufacturing defect.

Marketing. Marketing defects typically stem from failing to warn or explain elements of a product that are potentially dangerous. For instance, if a pill does not contain a warning that it should not be taken in combination with another drug, that is a marketing defect. If you were to unknowingly take that pill alongside another, you could suffer a personal injury.

For all of these types of defects, you can choose whether to fight for yourself or for a larger community affected. For instance, if you bought a video game controller that died after a month of use as a result of a design defect, you might have a case bringing forward a class action lawsuit against the company responsible. If you won, everyone who had purchased that controller would be allowed to share in the settlement. Oftentimes, however, personal injury cases are personal to the individual who suffered.

Some product defects can seem silly or frustrating, but if you are injured by them, they are much more insidious. If you have been injured as the result of a defective product, contact Goss Law today. We have seen it all before, and we are prepared to fight for your case. Get the recovery you deserve!

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