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When is a product considered defective?

| Mar 31, 2021 | Personal Injury |

There are times when a product is made but it is not actually safe, either from design or a number of other reasons. When this happens, people can get hurt. Products are supposed to be safe to use, and if for a particular reason one isn’t, there are times when a person or group of people can put together a lawsuit against the company that made the faulty product. But knowing a bit about what makes a product defective is essential if you think that you might have been hurt while using a defective product in West Virginia.

When a defective product results in personal injury

There are several ways that a product can be defective, including being defective in design, manufacturing, or warning labels. A defective design means that the way that the product was intended to be sold was inherently defective. A defect by manufacturing means that the product wasn’t produced the way that it was intended because a manufacturing issue caused the product to be produced incorrectly. And a defect in the warning labels means that the design was right and it was produced properly, but the correct labels that would describe the potential hazards of using a product weren’t put on the product. And example of this would be if the label that warned that a cleaning product was poisonous or caustic wasn’t placed on the bottle.

A class-action lawsuit might be advisable

If people have been harmed as a result of their use of a defective product, they could each file an individual personal injury lawsuit on their own. However, if there are numerous victims who have incurred similar injuries, the filing of a class-action lawsuit with the help of an attorney who has experience with these types of matters might be the preferable course. In many cases, the prospect of having to face such a proceeding with the ensuing publicity that it would entail might make the manufacturer more amenable to reaching a prompt and confidential settlement that is satisfactory to the plaintiffs.