Washington Defective Products Lawyers - Fighting for the Rights of Those Injured

Consumers purchase products in enormous volume in the United States, and while the vast majority of these purchases result in the buyer experiencing satisfaction with the product, the fact is that there are some products in the distribution stream that are defective and dangerous. When one of these products finds its way into the hands of an unsuspecting individual and malfunctions, the results can be disastrous.

Perhaps the most daunting aspect of a typical defective product situation is that the injuries suffered by the consumer tend to be severe because he or she had no reason to foresee the malfunction and was completely unprepared to guard against the problem. If this has happened to you or someone you love, you may already understand that legal claims filed under the theory of products liability can be very complicated matters that require the help of an experienced attorney.

Prominent Legal Theories Regarding Defective Products Claims

In general, there are two theories that are used to prove that a product was defective, and which theory is used depends on what sort of defect is believed to be present in the product at issue.
  • Defective Design - There are some products whose design is flawed, which means that the error is present in the product before the plans ever hit the assembly line. As a result, every product that's put together with these specifications is unreasonably dangerous if used properly. This also creates a greater danger, as it's likely that many other people are using the same product with no knowledge of its inherently dangerous qualities.
  • Defective Manufacture - Defective manufacture is distinct from defective design because of when the error occurs that results in an unreasonably dangerous product and in regards to how many products are potentially defective. A product that's defectively manufactured indicates that the error occurred on the assembly line as opposed to the design room. It's also quite possible that when a mistake is made during the manufacturing process that it is the only one or one of only a few that reach the market in an unreasonably dangerous condition as opposed to an entire line of products.

How to Prove a Product is Defective

As mentioned above, there are two general theories most commonly used when an injured plaintiff attempts to prove that the product at issue was in fact defective as a matter of law. If this is proven, then the plaintiff would be entitled to a recovery of damages commensurate with the costs incurred and the pain and suffering that took place.

However, while these theories may seem quite simple, proving them in conjunction with the facts presented in evidence is anything but easy, and requires the help of an experienced defective products attorney. This is especially so when one considers that often times, defective products cases name large corporations as defendants, which means that there will likely be a team of attorneys working to disprove the product's dangerous qualities.

Generally, any product that's alleged to be defective in terms of liability must be proven to be so based on the theory of liability involved. Below is a look at how proof would likely be attempted based on those theories.
  • Defective Design - In order to prove defective design, an expert would likely be needed to point out the flaws in the original design of the product at issue and compare it either to a similar product in existence or how a proper product would be designed if no others are available for comparison. The expert would then need to establish that the design flaw is what led to the injuries sustained by the plaintiff.
  • Defective Manufacture - An expert would be needed to prove liability under this theory as well, but the comparison would be different. The expert would need to point out the mistake that was made during the manufacturing process and compare it to a product that was manufactured properly. As would be the case with the defective design theory, the expert would also need to show that this manufacturing error led to the injuries by the plaintiff.

Types of Cases

The following types of defective products cases are handled by the firm:
  • Chinese Drywall - A line of drywall products from China was imported for use during the housing boom in the early part of the 21st Century, and before long serious problems began to arise. The products used led to serious damage in thousands of homes.
  • Shoulder Pain Pumps - Shoulder pain pumps from several manufacturers were implanted in patients to help treat pain, but several problems soon arose with patients who used them. These problems resulted in additional medical problems and the need for corrective surgeries.

How to Proceed

If you or someone you love has been harmed by a defective product, you need to contact the attorneys at Phillips Webster to schedule a free initial consultation so you can learn more about your legal rights and options.

Summary

Consumer products are bought by the millions, and some are defective and lead to serious injuries and death. There are two theories that are used to prove that a product is defective, including defective design and defective manufacture, each of which likely need to be proven by an expert, which means that you need legal help from the defective products lawyers at Phillips Webster if you've been injured.
 



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