Press Release (ePRNews.com) - Wasilla, AK - Nov 28, 2018 - If you have been injured as a result of a product’s design defect you may be eligible for compensation by way of a personal injury claim through products liability. Because such personal injury claims are made against the manufacturer or designer of such products, who are normally associated with large companies represented by a team of lawyers, it is crucial to prove that the matter involves a defect in the design process. Product liability cases that include design defects are difficult to prove against, however, there are certain factors that will play a critical role.
The Cornell Law School Legal Information Institute defines [https://www.law.cornell.edu/wex/design_defect] a design defect as follows; “a design defect exists when a defect is inherent in the design of the product itself. In a products liability case, the plaintiff can only establish a design defect exists when he proves there is hypothetical alternative design that would be safer than the original design, as economically feasible as the original design, and as practical as the original design, retaining the primary purpose behind the original design despite the changes made.” Because of the extensive and in-depth requirements of proof in a products liability case based on design defects you may require the services of an expert witness that has a background in product manufacturing and designing of items.
There are two main angles a plaintiff can use to in a design defects claim. A Crowson Law Group attorney stated that, “An angle to use is for the plaintiff to make a claim of negligence; where the design creator was aware that a defect existed but continued anyway with manufacturing the product. If the manufacturer or designer would have known that the product would injure others or that there was a risk factor of injury through the use of the product. An important element in such a claim is the possible way of making the product safer through design before selling it after manufacture. If it was possible to make the product safer then it rises to the level of negligence on the manufacturer’s part.”
Another angle that can be used to prove your case is that of strict liability. This is when the manufacturer or designer knew that the product was defective when creating it. Such a claim is stronger when the manufacturer is aware of the unreasonable danger of the product in stores through use or did not provide a warning label about the potential risk of injury. Where a product is dangerous and could cause harm it is necessary to make the product with care and caution as well as provide a relevant warning label. In such a case the plaintiff would need to show that the threat of injury is greater than the benefits of sale.
For the protection of your rights as a victim of a design defect, you will need to hire a lawyer. Seek out a products liability law firm with the best attorneys in Wasilla to represent your interests. For personal injury matters relating to accidents seek out the best accident lawyer in Wasilla.
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Source : Crowson Law Group