Defective Products and Wrongful Death: What You Need to Know

When someone passes away due to an unsafe product, it can devastate their loved ones and family. Not only must they deal with emotional trauma but they may also face financial and legal burdens that stem from this event. If the cause can be traced back to defective manufacturing or distribution practices then the victim’s family could file a wrongful death suit against these parties.

 

What constitutes a defective product?

 

Defective products refer to any item which causes harm due to design flaws, manufacturing flaws, inadequate warning or instruction, or inadequate product design. For instance, if defective car brakes lead to an accident and result in someone’s death, the manufacturer could be held liable for producing such an unsafe product.

 

What Is Wrongful Death (WLD)

Wrongful death is the legal term used to refer to situations in which someone dies due to another person or entity’s misconduct, negligence, or default – such as producing and selling dangerous products which should have been known about prior to production and distribution.

 

How to File a Wrongful Death Lawsuit

 

To successfully pursue a wrongful death suit, the family or representative of a victim must show that his/her death was directly attributable to a defective product and provide evidence showing the manufacturer or distributor acted negligently or recklessly by creating and selling such dangerous goods. Furthermore, they must show how the death has caused financial and emotional hardship for themselves as a result.

 

Damages that may be awarded in a wrongful death suit include reimbursement for medical costs, funeral costs, lost wages, companionship losses, and pain and suffering.

 

Conclusion

 

Defective products can sometimes lead to the death of people, and when this happens their families can file a wrongful death suit against the manufacturer or distributor of that product. While no amount of compensation will ever bring back someone you loved, holding those responsible accountable may provide some justice and closure for grieving families. If you believe a death was due to a defective product, use it is essential that legal advice, be sought immediately in order to evaluate all your options and pursue justice on their behalf.

If you or a loved one has been injured in an accident due to someone else’s carelessness or fault, Darfoor Law Firm is here to provide support and suggest the best course of action.

Accidents can be difficult to deal with; that is why having someone who understands and empathizes is so important.

Call us at +1-833-DARFOOR for a free consultation and case evaluation.

 

 

 

The Different Types of Hazardous Product Defects

Any issue that renders a product hazardous for its intended use can be considered a product defect.

Product liability law divides defects into three broad categories. A product may be hazardous as a result of poor design, poor manufacturing, poor labeling, or a combination of all three
There are several types of product defects that can cause accidents and lead to personal injury:
Design defect: This type of defect occurs during the product’s design process and has an identical effect on all of the product’s units. Even if a product is manufactured as intended, a design flaw can render it inherently dangerous.
Warning defect: This type of defect appears when a product doesn’t have sufficient instructions or warnings for safe use, putting customers at risk of harm.
Marketing defect: when the product’s packaging, labeling, or advertising misrepresents the product’s intended use, it may contain inadequate warnings or instructions.
It’s important to note that a single product can have multiple types of defects and that these defects can lead to a wide range of accidents and injuries, such as;
Organ Damage
Burns
Head Injuries
Choking
Broken Bones
Dangerous Drug Injuries

 

Regardless of the kind of defect, injury victims can typically pursue compensation for medical expenses and other losses; however, the liable party may differ, which may have an impact on your product liability lawsuit.

Who may be liable?
Manufacturer;
Product manufacturer: it may be the main product manufacturing company
Part manufacturer: it may be a different manufacturing company, such as the component manufacturer or the company that produces parts.
Product seller: Retailers and vendors may be held accountable for any injuries and damages that result from dangerous product flaws or damage. They may also be responsible if beforehand they knew about the defect but failed to inform or declare the defect.
For you to be able to obtain fair compensation for your or your loved one’s personal injuries, you need a personal injury lawyer to help you with your case.
At Darfoor Law Firm, P. A., we believe that each client should receive time with an attorney that will able to assist them. We understand that the process is exhausting and lengthy so we are always here to offer our services.
Call us at 1-833-DARFOOR and schedule a free consultation