Defective Products Questions
Boise, Idaho
What is a defective product?
Products can be characterized as “defective” if they present a danger when used as directed. Product liability can cover anything from dangerous medications that cause illness to an improperly installed seatbelt that fails to restrain a passenger, who dies as a result. With a product liability claim, you must prove that:
- The product is dangerous
- The product reached the consumer in the same condition that it was sold
- That the defective product injured the user
What faults can make a product defective?
- Design Defects, where there is a flaw in the original design such as the failure to add essential safety features.
- Manufacturing Defects, where there is an oversight in the manufacturing process, such as a production error, that makes the product unsafe.
- Insufficient Warnings, where the risks, side effects, etc. are not included where they should have.
If I misuse a product, can I still file a claim?
The defendant’s number one argument is that the product is not used correctly. However, it is the manufacturer’s duty to anticipate product misuses, and warn consumers of the dangers of using it in anyway but the intended way. The only way a manufacturer can escape liability is if the product is misused in a way never forseen. So, even if the defense proves that you incorrectly used the product, you may still be able to collect compensation.
If I do not own the product, can I still file a product liability claim?
You can indeed. If you were simply borrowing a product from someone, used it and it harmed you, you can still file a product liability suit.
What kind of damages can I recover?
If you have been injured by a flawed product you may be eligible to receive compensation for:
- Medical bills
- Lost and future wages
- Property damage
- Loss of quality of life
- Pain, suffering or emotional distress
- Physical impairment and/or disfigurement
Defective products are things that could have and should have been prevented. If you or a loved one was injured by a dangerous or defective product and you live in the Boise area, please contact Gregory & Swapp today. Our successful attorneys can help you fight the companies and entities responsible for your injury. Please call our Boise product liability lawyers today to schedule your free, confidential consultation.
Don’t see your question? Contact us and we’ll reply and post your question and answer on our site.
1-800-404-9000
Gregory & Swapp, PLLC
One Call That’s All
2939 N. Cole Rd.
Boise, ID 83704
