When a party suffers a harm or loss because of a dangerous or defective product recovery can occur through a product liability lawsuit.
Types of Defective Products
There are three categories of defective products: manufacturing defect, design defect, or a defect in the warnings or instructions.1 A defectively manufactured product exists when a consumer good is flawed due to a mistake in the fabrication of the product.2 A design defect is due to an inherent danger which means that the product was made according to manufacturing specifications, but that the line of products based on the purpose or features within the product makes it naturally defective and dangerous.3 The third type of defect is based on a failure to provide adequate warnings or accurate instructions to prepare a consumer for angers that are not obvious and require particular precautions.4
Injuries From Defective Products
Consumer products, automobiles, industrial machinery, and other appliances or equipment can be defective and as a result cause a traumatic brain injury.5 For instance, 10 to 15 percent of all industrial accidents are due to defectively designed equipment.6 The manufactures have a duty to design and produce safe goods to be used at home or commercially, because most products have the potential to cause a brain injury or other serious harm if the defective products are introduced into the market. Typically recovering for a defective product that causes a traumatic brain injury is normally based on a theory of negligence, strict liability, or breach of warranty.7 In relying on these liability theories, the injured plaintiff has to show that the product is the cause of the traumatic brain injury which usually was caused in the form of an open or closed head injury.8 The mechanism of injury can be caused by any consumer product that has moving components, loose parts, induce a slip and fall, or forceful energy to cause the brain to sustain large focal damage, skull penetration, or forceful impact.9
Contact an Experienced St. Louis Personal Injury Attorney for a Free Consultation
If you have suffered a traumatic brain injury due to a defective consumer product, it is important to discuss the circumstances of your injury with an experienced personal injury attorney who can help to protect your legal rights and interests. To contact a personal injury attorney for a free consultation please feel free to call The Bruning Law Firm at 314-735-8100.
Resources:
- http://www.nolo.com/legal-encyclopedia/types-of-defective-product-liability-30070.html
- http://www.traumaticbraininjury.com/funding-resources/defective-products/
- http://www.nolo.com/legal-encyclopedia/defective-product-claims-theories-of-30044.html
- http://www.traumaticbraininjury.com/understanding-tbi/what-are-the-causes-of-tbi/
