How To Prove That a Product Is Defective

Defective products are made by manufacturers every single day, but most do not end up causing injury to the consumer. Those that do are subject to litigation, but proving a product is defective can be difficult. Our Atlanta accident injury lawyers have some tips for how you can tell if you have a case against a product manufacturer.

There Was a Clear Manufacturing Error

If you are claiming that a product injured you due to an error in its manufacturing, you will need to produce the defective item and your attorney will have to prove that your injury was caused by the defect in the product. While this procedure may seem complicated, it is probably the easiest claim to prove.

Design Defects Make the Product Unreasonably Dangerous

It is much harder to prove that a correctly-manufactured product has a flawed design that makes it dangerous. You and your McAleer Law attorney will have to demonstrate that the danger you experienced was first created by the product’s design, then you will have to demonstrate that the danger was unreasonable.

So, for example, if you cut a finger while chopping something up with your new knife, the product is working as designed, and the danger you experienced was not unreasonable because you knew it was designed to cut things. On the other hand, if the knife burst into flame because it was coated in a flammable substance that reacted to the friction of cutting, that would be considered unreasonable danger.

You Were Not Warned of a Hazard

Some products, such as knives, are inherently dangerous, and they cannot reasonably be designed in a way to remove that danger. You may not be able to prove that the product itself or the way it was designed is defective or dangerous, but you may be able to demonstrate that the dangers the product presents are not obvious to ordinary consumers. If you can do this, and the manufacturing company did not provide adequate warnings or instructions to help you avoid the danger, you may be able to prove liability.

You Were Using the Product as Intended, Yet You Still Were Injured

If the manufacturer could reasonably expect an ordinary customer to use the product the way you used it, but you still managed to get injured, you may have a strong case.

We encourage you to discuss any injury you have received while using what you believe to be a defective product with one of our accident lawyers in Atlanta. We can help you to determine if your claim has merit and help you to pursue just compensation.