We trust that the foods, electronic items, healthcare items, drugs, and other products we buy in stores and online will be safe for our families. The U.S. Food & Drug Administration (FDA) tries its best to regulate food and drugs items to protect us, and electronics and other goods are inspected and tested for safety reasons. Product manufacturers and retailers, in addition, both have a legal duty to make their goods as safe as possible.
Sometimes, however, all three safety checks fall through. Product manufacturers sometimes skip a testing phase or fail to label their goods to warn patients about a possible safety hazard. A drug corporation may fail to announce a side effect of a drug. Other times, manufacturers and retailers simply fail to prioritize the health and safety of consumers over profit.
It’s during cases like all three above situations when U.S. citizens are given a legal right to file what is known as a product liability lawsuit against the guilty corporation, retailer, or product manufacturer if someone is injured or otherwise harmed. If you or someone you know has suffered because of a product that wasn’t as safe as advertised, you need the help of an Omaha, NE product liability lawyer.
Product Liability Lawsuits: Learn the Facts
In order to prove a product liability claim in court, you will need to prove that the product or good was somehow defective or was improperly advertised or packaged and that this defect directly caused harm. You will also need to prove that negligence or carelessness played a direct role. Doing this can be difficult without an experienced product liability attorney.
There are three different types of product defects that may be eligible for litigation in the state of Nebraska. They can be separated as follows:
Manufacturing Defects
Manufacturing defects are implemented when a product or food is created. These can occur due to the use of unsafe parts or materials or the improper construction of an item. Sometimes these defects affect an entire line of products while other times they may only affect a handful, but in both cases negligence will need to be proven.
Design Defects
Products with design defects are items that were improperly designed or weren’t tested properly before they were mass-produced. Such defects are often a result of a corporation attempting to cut corners financially and use an alternative engineering method or materials to save costs or omit a step during the manufacturing process. Design defects generally affect an entire product line and can result in mass torts lawsuits on a major scale if the defected items aren’t hastily recalled and fixed.
Advertising, Labeling, or Packaging Defects
Products that are improperly advertised, labeled, or packaged and become available for sale anyways are classified as defective due to their potential harmful nature. Drug or healthcare items that don’t contain proper safety warnings fit under the category as well as food items that fail to note possible food allergy interactions, etc. U.S. laws require companies to provide detailed warnings regarding any potential dangers a product may cause. When companies fail to deliver, they can be held liable for any serious injuries that occur.
Get Help from an Experienced Nebraska Product Liability Lawyer
Filing a product liability lawsuit in Nebraska accomplishes a few things. First, a successful claim will provide financial compensation that can be used for your family’s recovery. Medical bill compensation, loss of wage costs, and even pain and suffering damages may be rewarded. Additionally, a product liability or dangerous drug lawsuit sends a message to product and drug manufacturers stating that our safety and health must be prioritized. A lawsuit is difficult to ignore and forces companies to do better.
If you or a loved one has been injured or has suffered due to a product that was mislabeled or was defective and became dangerous, you should get in touch with an Omaha, NE product liability lawyer as soon as possible. At Welsh & Welsh, we can handle your case with the proven expertise and integrity you and your family deserve. We can help. Get in touch today to find out how.
