SHORSTEIN, LASNETSKI, & GIHON
helps victims of defective products.
Shorstein, Lasnetski, & Gihon helps victims of defective products.
Companies, whether they design, make, sell or distribute a product, have a legal obligation to make sure that product is safe when the product is used for its intended purpose. These companies are supposed to anticipate how their products will be used and make sure their products are not unreasonably dangerous. Injuries or death can result, and a case can be brought, if a product was designed or manufactured in a way that made it unreasonably dangerous. Additionally, if a product did not have a proper warning and an injury or death resulted, that is the basis for a defective products case.
Even seemingly harmless products, such as regular household appliances, medical devices, food products and containers, vehicles and many other products, can be defective and present serious dangers to consumers in ways they never thought possible. Injuries that result from defective products are often extremely serious. The issues that arise in these cases, which are often brought against multiple companies, can be complex. There are various legal theories that can be pursued to properly litigate an effective defective products case. These include:
- Negligence- where the defendant company breached its duty to the user of the product, for instance, by manufacturing or designing a product that was unreasonably dangerous.
- Strict Liability- where a company sells a product that is in a dangerously defective condition and a person is injured or killed as a result. This can occur based on a defective design, manufacture or warning. If it can be proven that a product was in a defective condition and an injury resulted, negligence on the part of the company does not need to be proved.
- Breach of Warranty- when a consumer buys a product, there may be an express warranty, or a statement or promise, to the buyer that the product can be safely used for a particular purpose or use. Almost all products come with an implied warranty, like a presumption, that the product can be safely used and is fit for its intended and normal purpose and use. If the product then is not fit for the use expressly indicated or the normal use implied, and an injury or death results, there may be a case of a breach of the warranty.
If you have been injured by any product that may have been defective, it is important to contact a lawyer who understands the issues involved in these types of cases so your case can be thoroughly investigated and litigated. It is necessary to act quickly as in most, if not all, of these cases, evidence regarding the product and the area where the injury occurred will need to be preserved and analyzed as soon as possible.
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