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Elements of a Product Liability Lawsuit

December 23, 2016 |

Any time a new product is introduced on the market, consumers make their purchase assuming that the item is safe. While many products go through the manufacturing process and consumers can use them without any problems, there are some that may be considered defective and can cause potential harm to a user. These cases are often referred to as product liability lawsuits, but they can be complex to overcome. This is because there are certain elements that you, as the victim, must prove.

Manufacturing Defect

This is one of the ways a product can become defective. This means something went wrong during the manufacturing process that made the product dangerous. For instance, this can include wires that have not been properly connected or covered, pieces of a toy that are not secure and become a choking hazard, and more. A manufacturing defect may also include items that do not go through proper testing.

Design Defect

A design defect occurs when there is an issue with the design of the product. For instance, designing a children’s toy to have sharp edges with the potential of the child putting the toy in his or her mouth. This could also mean designing machinery without proper guards to protect the user from harm.

Failure to Warn

Another way to prove fault in a product liability case is if the manufacturer failed to warn the public of any potential dangers. A lack of warning can be dangerous, even if the product is used the correct way. In other instances, however, a consumer may not be able to file a product liability lawsuit if there was a warning and the consumer used the product in a dangerous manner that is different than the intended use.

Our Wisconsin product liability attorneys at Cannon & Dunphy S.C. have handled numerous cases resulting from the negligence of a manufacturer. We know our clients have rights and they should be able to take legal action against anyone who has caused them harm. We put our full legal prowess into helping our clients with the goal of maximizing the compensation they deserve.

Need to discuss a potential case? Contact our legal team today.

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