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Defective products can cause injury to consumers. If you have been injured by a defective kitchen appliance or electric- or gas-powered tool, for example, you may have the right to receive damages from the manufacturer, retailer and/or the distributor.
Products liability law can be complicated, and liability may be shared by multiple entities. The attorneys at Monteleone Law Offices, P.L.L.C. are highly experienced in Idaho products liability law. We can help determine if you have a products liability case and, if you do, can represent you in negotiations or litigation.
Design Defects Are A Major Factor In Products Liability
Several types of defects can result in legal products liability:
- Design defects: This is when the design of a product makes it unsafe, resulting in harm to the consumer and causing legal liability on the part of the manufacturer. An indication that a product’s design is defective is when many purchasers of the product experience similar product failure or injury.
- Manufacturing defects: A product may be properly designed, but if it is manufactured incorrectly and the manufacturing defect injures a consumer, the manufacturer may be legally liable.
- Marketing defects: This can occur when a product is advertised and marketed for a use for which it was not designed. Such a marketing defect may result in a consumer using the product in a way it was not intended, resulting in an injury to the consumer. In this type of case, the retailer and advertising company, and possibly the manufacturer, may have legal liability.
When you contact our firm, we will immediately begin investigating your injuries to determine what kind of defect caused the problem and how the manufacturer was negligent.
Failure To Warn Of Improper Use May Cause Injury To A Consumer
The manufacturer should provide written warnings in the instructions or attached to the product itself warning of the dangers of potential improper use. For example, a ladder manufacturer must provide a label specifying the maximum weight the ladder can bear. The manufacturer of an electric appliance may need to specify not to immerse the appliance in water. The absence of such a warning may be negligent on the part of the manufacturer.
Product Recalls Affect Products Liability
Manufacturers recall products that they have learned may be defective and possibly harm consumers. The manufacturers must make reasonable efforts to inform all purchasers of the recall and must repair or replace the product at their own expense. While this is a responsible and necessary course of action, issuing a recall may not absolve the company of liability.
What Does a Product Liability Attorney Do?
A product liability attorney is a lawyer who handles cases involving injuries caused by defective products. These injuries can range from serious injuries, such as death or paralysis, to minor injuries, such as cuts and bruises.
Product liability attorneys help their clients navigate the legal system and fight for the compensation they deserve. They may:
- Investigate the product and the accident scene to determine the cause of the defect.
- Interview witnesses and experts.
- Negotiate with the manufacturer or seller on behalf of their client.
- File a lawsuit if necessary.
- Represent their client in court.
Product liability attorneys are familiar with the laws and regulations that govern product liability in Idaho. They can help their clients understand their rights and options and fight for the compensation they deserve.
Monteleone Law Offices can help you:
- Evaluate your claim: An attorney can review the facts of your case and determine if you have a valid product liability claim. They will consider the type of injury you sustained, the circumstances of the accident, and the product defect.
- Investigate the accident: An attorney can investigate the accident scene and gather evidence to support your claim. This may include interviewing witnesses, taking photographs, and obtaining medical records.
- Identify the responsible parties: An attorney can identify the manufacturer, designer, or distributor of the product that caused your injuries. They will also determine if there are any other parties that may be liable, such as a retailer or a repair shop.
- Negotiate with the insurance company: If the responsible party has insurance, your attorney can negotiate with the insurance company on your behalf. They will try to get you the maximum compensation possible for your injuries.
- File a lawsuit: If negotiations with the insurance company are unsuccessful, your attorney may file a lawsuit on your behalf. They will represent you in court and fight for your right to compensation.
- Represent you in court: If your case goes to trial, your attorney will represent you in court. They will present evidence, cross-examine witnesses, and argue on your behalf.
If you have been injured by a defective product, it is important to speak with an experienced product liability attorney as soon as possible. A lawyer can help you protect your rights and get the compensation you deserve.
Why Choose Monteleone Law Offices?
Our attorneys are well versed and focus in the area of vehicle accident injury laws as well as personal injury and wrongful death claims.
Our attorneys live in the Boise area where they have practiced personal injury law for the past three decades.
If we cannot recover damages for your accident injury or wrongful death claim, you pay us nothing.
When you are a client of Monteleone Law Offices you will speak to an attorney directly – not through a paralegal or secretary.
Fighting for personal injury compensation can be a complex process. When you have been injured, you need an attorney who understands your rights, the legal system, and your case inside and out.
When deciding on a personal injury lawyer, we recommend asking two questions:
- How many trials have they done?
- What were their last three results?
Our lawyers are not afraid to go to trial. And, we will not settle a case unless we believe our client is getting the most compensation possible. Our goal is to get the outcome you deserve.
Outstanding law firm that worked on my case in a well thought out and professional manner. Would recommend them to anyone to utilize!