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Defective Product Design:
Defective product class action lawsuits can severely damage a company, but can also provide financial relief to victims of defective products. This relief called "damages" will usually start by covering the victim's medical expenses and go up from there to compensate for things like emotional damage. Defective products lawyers are equipped to handle both class action and individual lawsuits.
In many cases, class actions are the most efficient way to pursue a defective product injury lawsuit because a defective product which is widely distributed is likely to have caused similar injuries to many other people. You may be familiar several categories of defective products lawyers already: breast implant injury lawyers, asbestos lawyers, and Depo-Provera lawyers are just a few of the specialists in the field.
Defective Product Design Overview
Design defect cases are based on errors in a product's design that makes it dangerous to consumers. If a product has a design defect, all products of the same type have the same defect. Unlike other types of product cases, which can be brought against a seller or an assembler, a design defect case is brought against the manufacturer who developed the product.
Do you Have A Case?
Design defects arise when a person is able to show evidence that a product has a risk of danger to a consumer. A good example of this would be an injury from a tool where the safety guard didn’t truly protect the user. It's not always enough to show the design defect, but it must show that the product design could have been developed differently. The plaintiff would need to find an expert who could explain how the tool should have been designed to avoid injury.
When a product has a design defect, the plaintiff most often sues on the basis of negligence or strict liability. The negligence cause of action will allege that the manufacturer knew or should have known of the risk associated with the design. A plaintiff has a stronger argument if he or she can show that an alternative design would not have reduced profits significantly. A strict liability cause of action alleges that the manufacturer placed a defective product posing an unreasonable risk of danger into the stream of commerce.