Though manufacturers are supposed to be accountable to consumers by ensuring that products are safe to use, this is not always the case. Everyday products can suddenly cause serious injuries and property damage that create great challenges and hardships in your life.
If a faulty product injured you, a Pueblo defective products lawyer could help you assess whether you have a viable claim for monetary damages. With an experienced personal injury attorney on your side, you could better understand the legal landscape and timely act on your claim.
State law recognizes that companies should be held liable for injuries their products inflict on users. The defendants in a product liability lawsuit potentially include all actors within the supply chain.
Therefore, it can be challenging to identify the responsible parties in a defective products claim without a Pueblo lawyer. An attorney could identify which entity may be liable and strategize how to build a claim. The potential parties that could be liable in a faulty items claim may include:
Pueblo faulty items attorneys could bring claims based on negligence, strict liability, or breach of warranty. A lawyer may choose which legal strategy on which to bring a case depending on the circumstances of the case.
Negligence is the legal equivalent of failure to exercise a reasonable degree of care. For a plaintiff to recover damages, they must prove that the defendant had a duty of care to the plaintiff. Manufacturers have a legal obligation to deliver safe products with adequate warning labels to consumers.
A claimant also must demonstrate that the defendant breached their duty of care by, for example, designing a product that has a dangerous and inherent defect. It is important to note that a successful claim based on negligence must show that the liable party’s directly caused a plaintiff to suffer losses.
Under state law, non-compliance with standard, regulation, or government code section creates a presumption of negligence. The defendant has a chance to rebut this presumption and may do so by arguing that the plaintiff did not use the product in question as intended or beyond reasonable usage expectation.
They could also contend that the plaintiff knew the risk of the product is defective condition but used it anyway. Additionally, defendants could argue that someone else modified the product once it was out of their control such that they are not responsible for its defects.
Defendants are guilty of strict liability if they are responsible for an unreasonably dangerous product that causes harm. Strict liability may only be applicable in the most extreme cases.
This means that because the product defect was so egregious, it does not matter if the manufacturer took proper care in designing, building, and advertising the product. The fact that it was defective is enough to trigger liability.
The Uniform Commercial Code governs breach of warranty claims. There are several types of breaches of warranty claims. In general, it is a promise made by the seller of a product to a consumer regarding its safety. A warranty may be either implied by the manufacturer or expressly stated.
Consumers should not suffer at the hands of a manufacturer who makes faulty products. A Pueblo defective products lawyer could advocate for your rights using legal means to seek resolution. For help on your claim, schedule a case consultation.