Product Liability for a Bodily Injury
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What Is a Bodily Injury?
Bodily injury is physical harm to a person’s body. Physical harm includes:
- Impairment of a the functioning of a body part, such as the kidneys or liver
- Damage to a person's mental faculties
The bodily injury can be temporary or permanent.
How Is a Bodily Injury Caused by a Product?
A product can be the cause of a bodily injury when the product is used properly but does not work as the customer expects, and a bodily injury results from the product not working as expected. Examples of this include:
- A portion of the product falling on an individual and causing serious bodily damage.
- Poisoning because of an improper mixture of a product.
- Physical injury because of lack of warning labels on the packaging of the product.
- Broken bones, lacerations or death because of a failure in moving parts of a product, such as gears, levers, or hydraulic mechanisms.
What Is a Defective Product?
A defective product is a product that fails to work as it is supposed to work. It refers to any product, whether the product is a vehicle or a cup. There are three ways that a product which causes bodily injury can be defective:
- Defective design
- Defective warning
- Defective manufacturing
What Do I Need to Prove that a Product Is Defective by Design?
A design defect refers to defect present in a product that was manufactured in accordance with a harmful or inherently defective design. In other words, the design was too dangerous for the average customer to use or contained some other defect that should not be present in such a product. A plaintiff suing for a defectively designed product must prove:
- The product has a defective design
- The design was too dangerous to be used
- The creator the product could have reasonably designed the product in a safer way
What Is a Manufacturing Defect?
A manufacturing defect occurs because of an error in the way the product was made. The error happened during the manufacturing process.
What Is a Warning Defect?
A warning defect refers to a failure to place adequate warning labels on the product. The lack of a warning label is defective when there are foreseeable dangers associated with the product that the average consumer needs to be warned about.
Should I Contact an Attorney about My Bodily Injury?
If you have suffered a bodily injury because of a defective product, it is in your best interest to contact a personal injury attorney. A lawyer that handles personal injury cases can assist you in determining how you can recover money for your bodily injury.
Consult a Lawyer - Present Your Case Now!
Last Modified: 05-20-2015 01:55 PM PDT
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