Most jurisdictions have the same laws when it comes to defective product claims. These claims are generally based on defective manufacture and design. However, claims can be due to inadequate instruction or warnings. Those with a potential claim should consult a defective product attorney in Ankeny, IA. These cases are also known as product liability claims.
Injury May Be Due to Manufacturing Error
Many claims fall on the back of the manufacturer. A product can be dangerous because of errors made in the factory. Examples include tires that will not stay inflated, a bicycle made without brakes and aspirin made with a toxic substance. The defective product attorney in Ankeny, IA must prove the injury was caused by the error. For instance, a consumer with under-inflated tires may have an accident. The accident must be caused by the tires and not driver error.
Designs Can Be Dangerous
Defective design claims arise when the original design of a product is flawed. The manufacturer is not to blame when they make a product with a bad design. An example would be a fire-retardant material that is not. The legal claim would be against the designer. Interestingly, products with flawed designs are often subjects of recalls.
Failure to Warn or Instruct
Medication mishaps frequently fall under this category. Pharmaceutical companies have to provide dosing instructions and warnings about all the side-effects of medication. Another example would be mouthwash where the label fails to state it contains alcohol. Alcohol can be dangerous in many ways, for instance, when it is mixed with other substances. Further, many people must stay away from alcohol altogether.
The attorney has the difficult job of proving a direct correlation between injuries and defective products. If proven, victims are entitled to compensatory damages for economic and non-economic losses. Economic losses are things that can be quantified like medical costs, lost wages and property loss. Furthermore, permanent injuries are a major economic loss because the victim may not be able to work again.
Non-economic losses include pain and suffering and lost of consortium. Additionally, a jury may decide to award punitive damages. Browse our website for more information.
