How to Find a Defective Products Lawyer

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 What Does a Defective Products Lawyer Do?

A defective products lawyer, or product liability lawyer, handles claims involving property damage or injury caused by a defective or dangerous product. For example, a defective products lawyer may handle issues with warranties, product liability, unsafe products, and returns.

Defective products lawyers, or “products and services lawyers,” may also handle lawsuits involving services, such as restaurant food poisoning or unsatisfactory automobile repairs. Medical malpractice is a form of product liability for faulty service. Some defective product or service lawsuits affect large groups of people and are filed as class action lawsuits.

The law in most states recognizes several theories of liability that can form the basis for a product liability case. Some of the legal theories that used in product liability cases are:

If a lawyer were to sue the manufacturer and distributors of a defective product, they would probably include causes of action based on each of these theories.

There are three types of product defects that result in liability on the part of manufacturers and distributors:

  • Design Defects
    • Design defects are defects that are inherent in the product even before it is manufactured because of a faulty design process or concept;.
    • In 47 states, an injured person has the burden of proving the existence of a design defect. In Alaska, California, and Hawaii however, the company that is sued must justify the design of the product to show why there was no defect.
  • Manufacturing Defects
    • Manufacturing defects are defects that appear during the construction or production of the item.
  • Defects in Marketing
    • Defects in marketing are defects that result when inadequate instructions about how to use a product are provided to consumers or there is a failure to warn consumers of latent dangers that can arise if it is not used or handled properly.

There have been many famous lawsuits involving products with faulty designs, several of them involving automobiles. One of the more memorable cases involved the Ford Pinto which had its fuel tank in the rear of the car. This led to accidents in which the fuel tank ignited when the car was rear-ended even at low speeds. The car had to be recalled and there were product liability lawsuits on behalf of injured parties as well as people who died in accidents involving Pintos. Whether the Pinto in fact had a defective design is still a controversial topic.

Liability for a defective product is generally considered to be strict liability. This means that the manufacturer or distributor is legally liable when the injured person proves that the product is defective; the injured person does not have to prove that the manufacturer or retailer was negligent in making the product defective.

Whether the manufacturer or supplier exercised due care or breached a duty of care is not relevant. If there is a defect in the product that causes harm, the manufacturer and distributors of the product are liable for any injury or damage it has caused.

The implied warranty of merchantability is, as its name suggests, a legal doctrine that reads into every contract for the sale of goods or products an implied warranty. This means that the warranty is not expressly stated. Rather, the law implies that it is a provision in every contract for the sale of a product or good, unless the seller expressly excludes it or modifies it in some manner.

The implied warranty of merchantability means that the goods are of average quality for goods of the same kind, are fit for the ordinary uses to which goods of the same kind are put, have no more variations in quality than are common for such goods, are adequately packaged and labeled, and are as promised on any container or label. If a product breaches this warranty, the breach is grounds for a lawsuit alleging breach of the implied warranty of merchantability.

Do I Need a Defective Products Lawyer?

Product manufacturers, resellers, wholesalers, and retailers have a legal duty to compensate any users of their products who are injured by using the product as directed. Under products liability law, these companies must pay any injured people for any property or bodily injury caused as a result.

An experienced product liability attorney would be able to help a person injured by a product or service recover damages compensating them for medical expenses, property damage, lost wages, and any other related expenses. Dealing with product manufacturers and the companies in the chain of commerce that sell products is difficult. All of these companies, from the manufacturer to the wholesale or retail distributor of products, will most likely have a staff of attorneys ready to defend any claim.

Moreover, as can be seen above, a number of legal theories are available and an experienced product liability lawyer is best positioned to decide which one to rely on and how to go about succeeding with it. A product liability lawsuit may require the use of expert witnesses to testify about complex, technical subjects involving the product. An experienced product liability lawyer probably knows of experts or knows how to go about identifying one and then how to use them effectively.

For example, if the case involves a defective automobile or automobile part, e.g. air bags, the lawyer would have to locate experts in automotive engineering and know how to deploy the expert to the best effect in the case. This is a task for which experience is going to make a real difference, and a person who has been injured by a defective automobile would want a lawyer who knows how to identify and work with an engineering expert.

Certain lawyers specialize in a certain kind of product liability lawsuit. For example, there are attorneys who specialize in mass airplane crash cases. These attorneys have developed expertise in aeronautical engineering and can handle the special complexities of this type of case.

Where Do I Start If I Don’t Know How to Find a Lawyer?

The Internet is a valuable resource for finding an attorney for a product liability case. There are a number of online services that can help, including lawyer referral services and state and local bar associations.

Many lawyers today advertise online. In some instances, a person might find a lawyer from a friend or acquaintance. For example, they may have worked with a lawyer in the past and are willing to make a referral. However, this would limit a person to only a few choices for attorneys, and the real trick is finding a lawyer who has the right expertise for the particular case a person has.

How to Find a Defective Products Lawyer on the Internet?

If you need to learn how to find an attorney online, is an excellent place to begin to hire the best defective products lawyer in your area.. works by presenting your case information to qualified lawyers in your specific region. Based on the information you submit in our online case posting system, you will be matched with a lawyer who practices in the specific area of defective product law that you need. This is the best and fastest way to connect to the lawyers in your area who have the expertise you need.

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