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Defective Products

Product liability claims involve persons who were injured by a product that was either defectively manufactured, defectively designed or products that have an ineffective warning on them.  In most cases we will need an expert witness to examine the product involved to determine why you were injured.  Through our experience and association with various lawyer’s organizations throughout the United States, we have built up a network of experts that are available for this purpose.

There a few different theories of liability that involve defective products.  They include negligence, strict liability and breach of warranties.  Often when dealing with a product liability suit there are three types of cases: 1) manufacturing defects (the poorly made product), 2) design defect (the poorly designed product) and 3) failure to warn (the poorly marketed product).

Manufacturing defects occur in the manufacturing process and most often involve poor quality materials or poorly made products.  Design defects occur where the product design is inherently dangerous or useless no matter how carefully made.  Failure to warn cases involve products that have inherent dangers which could be lessened through warnings to the consumer and these dangers exist no matter how well made the product is.  Warranty claims are usually based on promises made by the manufacturer to the consumer.  There are three main breach of warranty claims: 1) breach of an express warranty (promise made expressly from the maker to the consumer), (2) breach of the implied warranty of merchantability (a promise implied by the mere making of the product), and (3) breach of an implied warranty of fitness for a particular purpose (the implied promise that the product is suitable for the purpose it is made).

As you can imagine, it can be quite costly to litigate product liability actions.  It has been our experience that such cases are defended and typically require trial to resolve.  Again, we feel it is our job to keep clients out of litigation and only involve the court system where necessary.  We are happy to review any potential product liability action without any cost or fees to determine if it is in your best interest to go forward.  If you feel you have been the victim of a defective product, contact Dwyer, Black & Lyle, LLP so that we can investigate your claim completely free of charge.  If we feel that it is in your best interest to proceed with your claim, we can discuss handling the case ourselves or secure you representation through one of our network of colleagues who also handle medical malpractice litigation.

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