Manufacturers have a responsibility to create safe products for consumers. Almost any type of product that is poorly designed or manufactured, or not properly tested, could potentially be defective and unsafe, leading to injuries or even loss of life. Likewise, retailers have a responsibility to sell safe products to consumers. When they fail to do so, it may result in severe injuries or even loss of life. If you have been injured and believe it was caused by a defective or dangerous product, Mr. Stewart and his legal team can help you obtain the compensation you deserve.
These types of cases can involve:
- Food Borne Illnesses (including Ciguatera)
- Malfunctioning seatbelts
- Malfunctioning airbags
- Roofs that cave in on impact
- Doors that open on impact
- Improperly placed fuel tank
- Defective tires
Proving a product liability claim may be complex and difficult in some cases. The plaintiff, or party filing the product liability claim, must provide sufficient evidence that direct harm was caused by a design, manufacturing, or a marketing defect like the failure to warn.
In a product liability lawsuit, at least one of three main theories must typically be proven:
- Breach of warranty:In a breach of warranty claim, the plaintiff must prove that the defendant violated a warranty, or commercial statement concerning the product in question.
- Negligence:The plaintiff must prove that the defendant acted negligently by breaching a duty that was owed to the plaintiff. The defendant must also prove that the injury in question was a direct result of the defendant’s negligence.
- Strict liability:Strict liability holds the manufacturer responsible for defective products, even if the defects were not the result of negligence. However, the plaintiff must still prove that the manufacturer acted below the reasonable level of care expected within their industry.
Mr. Stewart and his legal team have years of experience in handling and winning products liability cases. If you or a loved one has been seriously injured by a defective product or food, please contact The Law Offices of Todd S. Stewart, PA. There is no fee if there is no recovery.