Adoption 101: The Legal Fundamentals

Adoption 101: The Legal Fundamentals

Recognizing Product Defect Causes To Support Your Personal Injury Claim

Brayden Miles

When it comes to consumer safety, product injuries are a serious concern. If you've been hurt by a product you purchased, you may want to talk with a personal injury attorney about your situation. There is a possibility that you may have a case against the manufacturer or someone else involved in the product production and sales cycle. Here's a look at a few different types of product defects that may support your case.

Problems With Product Design

If there is a problem with the base design and development of the product, that's considered to be a design defect. As an example, a flat iron that features controls directly against the heat plates inside the handle or lacks heat barrier material on the handle may be considered to have a design defect. If you're burned using this flat iron, you may be able to file a suit against the developer for this flaw.

In order to file a personal injury claim, you have to show that the developer should have been able to determine the risk associated with the flaw. For example, you would need to show that the designer should have been able to tell that users risked burns from the position of the controls or the lack of heat insulation. It can be tough to prove that the decision was made deliberately, but if your attorney can show that common sense should have prevailed, you may still have a case.

Issues With Product Production

Sometimes the problem that causes the injury isn't a part of the actual design. In fact, some problems can be introduced by the manufacturer during the production process. Some manufacturers opt to make a change to the materials used or the product specifications in the interest of cutting costs. Sometimes, the flaw isn't even intentionally introduced but the result of a misunderstanding in the blueprint or printed design.

If your attorney can prove that the flaw wasn't part of the original designs for the product, that's usually enough to support filing the personal injury claim against the manufacturer instead of the developer.

Mistakes In Product Marketing

Marketing issues are some of the easiest to prove because they directly relate to the way that the product is presented to the public. The marketing materials cannot show the product being used in a way that would directly cause an injury if you used it in that manner. It is essential that products be marketed safely and with the appropriate safety warnings and concerns. If the marketing materials and packaging for the product fail to do this properly, your attorney can file the personal injury claim on the grounds of a defect in the marketing of the product.

These are the three most common causes of injuries as a result of product defects. If you're concerned about an injury you sustained using a consumer product, you should reach out to a personal injury lawyer right away to discuss your case.


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Adoption 101: The Legal Fundamentals

If you've decided that you want to adopt a child, the first thing you should do is reach out to a family law attorney. While it may not seem logical to get an attorney involved from the start, it's important that you protect yourself legally from the beginning. After making the decision to adopt, I have been through the process several times. I created this site to help other adoptive parents understand what they can expect from the entire process, including the legal support you're likely to need. I hope this information helps you feel more confident in this major life decision.