Expert Omaha Product Liability Attorneys in Nebraska – Get Justice Now
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 to regulate food and drug 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 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.
What Is Product Liability?
Product liability refers to a legal theory that holds manufacturers, distributors, suppliers, retailers, and others in the supply chain responsible for any injuries or damages caused by their products. This means that if a product harms an individual due to design defects, manufacturing errors, or insufficient warnings or instructions, they may be able to file a claim for compensation.
Types of Product Liability Claims
There are three main types of product liability claims:
- Negligence: This type of claim holds the manufacturer or other parties in the supply chain responsible for failing to exercise reasonable care in the design, manufacture, or distribution of a product. Negligence can include a failure to adequately test the product or failure to provide adequate warnings or instructions.
- Strict Liability: Under this theory, the manufacturer is held liable for any defects in their product regardless of fault. In other words, if a product has a defect that causes harm to the user, it doesn’t matter if the manufacturer was negligent in their actions. They are still responsible for any damages. Strict liability claims are often easier to prove as the burden of proof falls on the manufacturer rather than the consumer.
- Breach of Warranty: This type of claim arises when a product fails to meet the expectations or warranties set by the manufacturer. This can include express warranty claims, which refer to promises made about the product in advertisements or other marketing materials, and implied warranty claims, which are assumed by law based on the nature of the product. Breach of warranty claims can also be applied to the product and any written warranties or guarantees.
Product Liability Claims: Learn the Facts
To prove a product liability claim in court, you must prove that the product or good was somehow defective or improperly advertised or packaged and that this defect directly caused harm. You must also prove that negligence or carelessness played a direct role. Doing this can be difficult without an experienced product liability attorney.
Three different types of product defects may be eligible for litigation in Nebraska. They can be separated as follows:
Manufacturing defects are implemented when a defective product or food is created. These can occur due to using unsafe parts or materials or improperly constructing 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.
Products with design defects are items that were improperly designed or tested properly before being 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 defective products aren’t hastily recalled and fixed.
Advertising, Labeling, or Packaging Defects
Products that are improperly advertised, labeled, or packaged and become available for sale anyway are classified as defective due to their potentially harmful nature.
Drug or healthcare items that don’t contain proper safety warnings fit under the category, and 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 challenging 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 defective and became dangerous, you should get in touch with an Omaha, NE, product liability lawyer as soon as possible.