Products are being recalled daily, ranging from simple household items to baby toys and even medical devices. When a product fails to operate properly, suppliers have a responsibility to customers to recall and refund such goods from shelves as soon as possible. Visit us on Malloy Law Offices,LLC-Truck Accident Attorney.
What happens when it’s already too late? Which happens when a product fails to work properly and someone is actually injured? A product infringement case will usually proceed.
Product liability lawsuits are typically filed after a product has harmed a consumer in its intended manner when used. There are three major types of defects which form the basis of a claim for liability for products. These are as follows:
- Project flaws occurring prior to the production process;
- Fabrication errors which occur during the production process; and
- Misrepresentation of marketing, which occurs after production and involves such things as appropriate warnings and labels.
The cases over product liability can be complex and frequently include many different legal theories. Three wrongful death suits were brought in a recent Missouri product liability lawsuit, all of which resulted from a lawsuit for a truck crash.
The truck crash took place when a truck driver swerved to avoid two other drivers, who lost control of their vehicles. The truck driver hit a tractor trailer in avoiding cars. Two grandparents were in the truck, and their young grandchild-all three died at the scene. Authorities initially believed the three decedents were killed in the truck accident.
Nevertheless, after careful examination of evidence, it was found that they were not killed by the accident itself, and that the three died because the gas tank of the truck was defective and caused a fire. The design fault was supposed to have caused the gas tank to rupture because of the dangerous nature of the fuel system; the rupture then caused the fire which killed the three inside the truck.
Based on expert testimony and critical facts, it was determined that the accident was caused by the faulty design. Proof has confirmed that the occupants of the pickup truck survived the road traffic crash. In other words , they didn’t die from the accident itself, but actually died from the truck fire that ensued. Additionally, proof was established that the fire was caused by the faulty design and placement of the gas tank. The truck company has been found liable for the deaths which resulted.
The following example shows an fascinating feature of cases relating to product liability. Other incidents, such as the truck accident above, may also overshadow the product liability concerns. Find an experienced personal injury attorney who will be able to examine all facets of a case in order to get to the heart of the allegation. For example, if the lawyers in this case hadn’t gone through a thorough examination of the truck, these individuals’ deaths may have been blamed on the truck accident instead of the faulty tank design.