Understanding Product Liability and Breach of Warranty
At Flickinger Sutterfield & Boulton, our attorneys handle different types of lawsuits to help clients obtain the maximum compensation for their injuries and other damages. One type of lawsuit our attorneys handle is product liability and breach of warranty. A product liability lawsuit may be filed when a product doesn’t work as expected and causes injuries. Our attorneys can help victims injured by faulty products recover damages for lost wages, medical expenses, and pain and suffering through a product liability and breach of warranty lawsuit. If you live in the Provo, UT area and believe you were injured by a defective product, we encourage you to contact our attorneys to discuss your legal options. What Is Product Liability? Product liability is a type of legal liability placed on manufacturers or sellers when a product has an unexpected defect or is unexpectedly dangerous. Product liability laws are intended to hold manufacturers and sellers liable when defective products get into the hands of consumers and cause injury or other damages. What Is a Breach of Warranty? Product warranties are guarantees made to consumers that a product will work a certain way or function to a certain standard. A breach of warranty means that a product failed to function or work as represented or promised by the seller or manufacturer. There are different types of breaches of warranty: breach of express warranty and implied warranty of merchantability. Breach of Express Warranty Express warranties are clear promises that a product will perform or function a certain way. Express warranties are generally included in sales contracts, but may be provided verbally from a salesperson. However, verbal express warranties can be difficult to prove and may not be binding, specifically when specified as non-binding in a sales contract. For example, a sales contract may guarantee that a power saw can cut through any material. The express warranty would be breached if the power saw was unable to cut through metal or other materials since the contract guaranteed the saw could cut through anything. Implied Warranty of Merchantability Implied warranty of merchantability means that a product is guaranteed not to have manufacturing defects, design defects, or improper labels. When a manufacturer or seller places a product for sale, an implied promise has been made that the product will function in the manner in which it is being sold. For example, when a vacuum is sold as being able to pick up dry and wet spills, but becomes damaged when vacuuming liquid, it may be due to a product or design defect. Accordingly, there may be grounds for breach of implied warranty of merchantability as the item was sold to be used for both wet and dry spills but was unable to vacuum wet spills. Product Liability and Breach of Warranty When a product doesn’t perform as reasonably expected or as stated by the seller or manufacturer and the consumer becomes injured, there is often grounds for a product liability lawsuit. Through a product liability lawsuit, it may be possible to recover damages for medical expenses, lost wages, and pain and suffering. In situations where product liability is in question, a breach of warranty may also have occurred. Often times, when a defective product causes injury or damage, it’s generally true that the product didn’t function according to warranty, either express or implied. Including a breach of warranty claim is common in product liability lawsuits. Proving that there was a breach of warranty, whether express or implied, can help build a strong support for a product liability claim. Contact Our Attorneys If you have been injured from a product you believe was defective, please call (801) 370-0505 to schedule a case review with one of our attorneys.
Gun Manufacturer Liability in Shooting Accidents
When a product causes injury to consumers who are using it safely, it’s important that the company responsible for the product be held accountable for any injuries that occur. This goes for everything from automobiles to consumer electronics. It also cover firearms. The lawyers at our Provo, UT law firm would like to consider firearm accidents caused by various defects. In such cases, it’s important that the gun maker be held accountable. Let’s cover some of the basics about these cases and the legal challenges of taking on gun makers. Firearm Design Defects Sometimes a gun misfires as a result of poor design. These defects mean that the weapon is inherently dangerous because of its design features. Even if the gun is handled safely, the risk of an accidental shooting or injury is higher. Firearm Manufacturing Defects Manufacturing defects with firearms mean that the gun is otherwise safe, but a problem during the manufacturing process has led to safety problems. The wrong materials may have been used for different parts of the weapon. There may also be problems with quality control that allow poorly manufactured weapons onto the market. Lack of Sufficient Firearm Warnings Guns that have certain features may require extra warning for consumers. Failure to notify gun owners of these risks could result in accidental shootings and even fatal injuries. Extremely Sensitive Triggers When guns have hair triggers, it’s important that consumers be given fair warning. Knowing that extra caution is necessary when handling the firearm can mean the difference between safe use and an accidental shooting. Safety Malfunctions Many firearms have a safety that helps prevent unintentional discharge and accidental shootings from occurring. There are times when these safeties fail, resulting in serious harm. Increased Risk of Misfire Some firearms are more like to misfire than others, whether a result of design or problems in manufacturing. Even people who are using these gun responsibly may wind up experiencing an accidental discharge simply because of these issues. Increased Risk of Backfire While very rare, a gun can potentially backfire if there is a problem with he gun barrel or general design. These kinds of malfunctions can lead to injuries for the person holding the gun as well as people nearby. Increased Risk of Slamfire Slamfire occurs when a gun fires when a bullet is in the chamber but without the trigger being pulled. This can be the result of a floating pin or other problems with the firearm or the ammunition. The Challenges of Taking on Gun Companies While gun companies can be sued for negligence, these kinds of cases can be challenging since gun companies have special legal protections in place thanks to the Protection of Lawful Commerce in Arms Act, or PLCAA, which became law in 2005. In addition to the PLCAA, gun companies have powerful legal teams in place, which makes legal challenges of all kinds difficult. How Our Attorneys Can Help The lawyers of Flickinger Sutterfield & Boulton will not be intimidated by companies, their legal teams, or any kind of special interest. Our focus in on the lives and livelihoods of our clients. After assessing the nature of your case, we will offer expert counsel concerning your legal options. While we focus on the filings and evidence, you and your family can focus on moving forward with life. This legal peace of mind can prove invaluable. Contact the Lawyers of Flickinger Sutterfield & Boulton For more information about your legal options following an accidental shooting, be sure to contact our team of product liability lawyers. The attorneys of Flickinger Sutterfield & Boulton stand by injury victims and their loved ones.
Product Liability and Manufacturing Problems
Defective equipment can be the cause of minor to severe personal injury. In such cases, you have the right to open a case against the maker of that product to seek compensation for your injuries. In such cases, you have the right to open a case against the maker of that product to seek compensation for your injuries. Determining the root cause of the defect is key to your case. Our lawyers at Flickinger Sutterfield & Boulton in Salt Lake City, UT will determine whether the product was defective due to manufacturing, design, or inaccurate labeling. When making a claim against a manufacturer, it’s important that you have a defective equipment injury attorney skilled in the laws and regulations regarding product safety. Below are some common examples of product liability and manufacturing problems and how to begin the process of seeking financial compensation. What Is a Manufacturing Defect? A manufacturing defect is a product that is deemed unsafe based on the way it was constructed during the assembly process. This is often the result of poor quality materials or careless workmanship. To determine whether the product is defective based on manufacturing, it is imperative that you have the original product in hand, along with the instructions. Your lawyer will need to determine that the injury did not happen from negligence on your part and that the product differs from others on the shelf. Showing that the product could have been functional had the correct safety regulations and materials been used during the process are key a successful product liability case. One way to determine whether the product is defective based on manufacturing or design is to ask whether the injury or problem would have occurred had the product been correctly assembled. When a product is defective based on its design, the problem is widespread and will remain no matter how well-assembled it is. Common Examples of Manufacturing Problems Some common examples of manufacturing problems include: Malfunctioning brakes that caused an auto accident Broken frame in a bicycle that caused an accident Improperly sized chains in a swing set that caused an injury Faulty clasp for a child’s car seat that failed to keep the child in place How Product Liability Is Determined The first step involves meeting with one of our lawyers. At your consultation, if possible, bring the product along with the original packaging and instructions. If the injury was the result of a much larger product, provide any pictures. Next, we will begin testing the product and others like it to determine if there were problems with the manufacturing process. We will also begin researching other products made at the same time to determine if other injuries occurred or if this was an isolated incident. Be prepared to answer questions in detail and provide contact information of anyone that witnessed the accident. We work with the best in the industry to assist us with the investigation. Contact Us If you have a defective product that has caused injury or damage to your home, the manufacturer should be held under strict liability to correct the issue. The lawyers at Flickinger Sutterfield & Boulton have 50 years combined experience in handling product liability cases and can provide the necessary legal advice. We work diligently with experts in the field to investigate the issue. Contact our office today online or call (800) 898-4878 to schedule your complimentary consultation. No attorney fees are collected until compensation is awarded.
Types of Product Liability Cases
If you have recently suffered an injury as a result of a product, it may be the result of defective equipment. In such cases, our lawyers at Flickinger Sutterfield & Boulton can file a product liability case to help you seek maximum compensation from the manufacturer for your injuries. Our personal injury lawyers have more than 50 years combined experience and have handled all types of product liability cases for our Salt Lake City, UT clients. We are fully equipped to handle your personal injury lawsuit. Here, we discuss the three most common categories of product liability cases. Each of our lawyers is not only familiar with these categories, but will help you determine whether you have a valid claim. Before proceeding with your case, they will first need to determine if the product was defective, your injury was the result of the defect, and you were using the product as intended. Manufacturing Defect With a defectively manufactured product, it is deemed unsafe, dangerous, or unfit for use due to an error made during the assembly process. This could be the result of carelessness, poor quality materials, or substandard workmanship. A product with a manufacturer defect must be different from others on the shelf; if it had been correctly made it would have functioned properly. Types of manufacturing defects include: Missing brake pads Poor quality mechanical parts or materials Outdated components Incorrect electric circuitry installation Mismatched, incompatible parts Design Defect While the outcome may be the same with a manufacturing defect and a design defect, a product with a design defect is deemed unsafe due to an error with the overall design. Products with a design defect are dangerous no matter if the manufacturing process is flawless. In this particular case, it must be proven that the entire batch is defective and injuries occurred even though instructions were followed correctly. Types of design defects include: Toys that are a choking hazard for children Products that are flammable or melt even though heat is required Products that are structurally unstable and known for tipping, flipping, or unable to hold the weight limit listed Products with toxic or dangerous substances Cars with mechanical defects, such as airbag or brake failure Warning Label Defect In this case, an injury was caused as a result of the manufacturer failing to include sufficient warning labels or instructions with the product. By law, manufacturers are required to include detailed and specific warnings or dangers for consumers, in addition to instructions for how to use the product. In this type of product liability case, the lawyer must prove that the injury occurred even though the instructions were followed, or that the warning label was incomplete. Examples of warning label defect include: Unclear or incomplete instructions for how to use the product Warning label was inconsistent with the product’s use Incomplete food or medication label Inaccurate expiration date Contact Us If you have been injured as a result of a defective product, please contact our law office today. One of our experienced personal injury lawyers will help you understand your rights and seek legal action on your behalf. You can reach us by calling (801) 370-0505 or filling out our online form to schedule your free consultation.
Product Liability Lawsuits Involving Inadequate Warning Labels
When you mention “dangerous products” to most people, chances are that they will think of products that are defective in their design or manufacture. However, products can also be considered defective if they are made publicly available without adequate warnings or instructions that would make clear known potential hazards associated with their use. This can be a particular problem with products that have a wide range of potential hazards that are not necessarily foreseeable, such as defective electronic devices or defective equipment. If you or a member of your family has been seriously injured by a product that did not feature an adequate warning label, or if you have tragically lost a family member due to the use of such a product, you need aggressive legal representation from lawyers unafraid to stand up to even the nation’s largest manufacturers. The personal injury attorneys of Flickinger Sutterfield & Boulton have extensive experience and a long history of success in handling cases involving product liability and inadequate warning labels in the Salt Lake City, UT region. Our lawyers can provide you with precisely the legal representation you need to obtain the compensation to which you are entitled. Please don’t hesitate to contact our personal injury law firm to arrange for an evaluation of your product liability case today. The Obligation of the Manufacturer Whether you are an individual using a consumer product or a worker using a piece of heavy industrial equipment, you have the right to be informed of any known and foreseeable risks of harm associated with the use of that product for its intended purposes. It is the responsibility of the manufacturer to: Create a warning label that alerts the user of any foreseeable and known dangers that could be present in the product. Create instructions that inform the user how to avoid these dangers through the safest possible use of the product. If such a warning label and set of instructions are not included with the product, or are not included in such a way that the user could reasonably be expected to read them, then the manufacturer (or, if applicable, seller or other distributor) could be held liable for any injuries or deaths that result from use of the unsafe product. It should be noted that warning labels are not required to be included with every product, although most manufacturers will err on the side of caution. Consumers are expected to employ some common sense in using products, as well. Warning labels are generally required whenever: A product is potentially hazardous when used for its intended purpose; The manufacturer is aware that the product is potentially hazardous; Any potential hazards associated with the use of the product for its intended purpose are not obvious to users Arrange for an Evaluation of Your Product Liability Case To arrange for an evaluation of your product liability case, please contact the law firm of Flickinger Sutterfield & Boulton today.