Speak With a Personal Injury Attorney in Cedar Rapids, IA
We all should be able to trust that the products we use at work and home are safe. However, every year many Iowans are injured at home and at work by dangerous and defective products.
Companies involved in manufacturing, supplying, selling, and distributing product can be held liable for injuries and illnesses caused by their use. A consumer who has suffered illness, injury, or death as a result of a commercial product has the right to bring a product liability suit against the manufacturer, retailer, distributor, or supplier. Product liability cases frequently require thorough investigation as well as examination of the product by qualified experts to determine whether a product is defectively designed, manufactured or marketed.
There are several legal theories for establishing liability of those responsible for injuries caused by hazardous products.
- Negligence focuses on whether the defendant exercised reasonable care in designing, manufacturing, inspecting, testing, labeling and providing instructions and warnings for the product.
- Breach of Warranty theories are based on contract law, and may involve "express warranties" (made explicitly by the manufacturer or seller) and "implied warranties" (warranties assumed by the law, e.g., that the product will perform properly when used for its ordinary purposes). Warranty disclaimers must satisfy certain legal requirements to defeat breach of warranty claims.
- Strict Liability focuses on whether the product was "defective" at the time of its manufacture, sale and distribution. The defects may be one of three types: design (if there was a foreseeable risk of harm that could have been reduced or eliminated by using another feasible design); manufacturing (if the product was not manufactured, produced or assembled according to its design); if the product is dangerous if used in a foreseeable way and there are no clear warnings that alert the user to the dangers of using products in that manner.
If you or those close to you are injured by a defective product and believe you may have a claim, it is extremely important to retain all components of the product and its original packaging, labeling, manuals, instructions and warnings. Since product liability cases are both difficult and expensive to bring, you need to select an attorney with experience and competence to pursue the claim on your behalf.
Please call or email us if you think you may have a claim and want a free initial consultation with a lawyer in our firm.