You shouldn’t worry about whether the product you’re using is safe. The manufacturer’s job is to ensure they use a design that doesn’t contain flaws or defects that could lead to injuries. Unfortunately, some companies knowingly sell dangerous products or use unreliable materials to cut production costs. When that happens, you’ll need an experienced and dedicated attorney from Abel Law Firm to represent you in your case.
It would likely be overwhelming if you took the time to consider the variety of manufactured products you use or encounter daily, weekly, or monthly. American consumers benefit from significant regulatory measures that exist for their protection. They can generally make a purchase without fearing that a product will cause them to suffer harm as a consequence. Unfortunately, despite these measures, it may be possible for a dangerously defective product to reach the market where an unsuspecting consumer may buy it and be subjected to unnecessary risk of injury.
In most cases, the flaw with a product is inherent in the design and should have been identified by a manufacturer before harming innocent consumers. If you have been the victim of a defective product, contact the Oklahoma City design defect lawyers of Abel Law Firm by calling (405) 239-7046. We can meet with you for a free consultation and discuss your legal options.
Every product has some risk if misused, but if it has unnecessary risk even with correct usage, it could be because of a design defect. Design defects can lead to severe accidental injury. Design defects are not limited to any one type of product, but the following are representative of products that have been identified with defects in the past:
- Automobile components
- Roadway defects
- Tire defects
- Child’s toy defects
- Faulty medical devices
- Household appliances
- Contaminated food
- Cleaning products
- Machinery and equipment
It often requires a careful examination of a particular product’s history to identify a design flaw as the primary cause of the failure that resulted in your harm. A skilled and experienced product liability lawyer can help you to explore the facts of your case so that you can have an opportunity to seek the financial compensation that you might be due.
Proving a Product’s Defective Design Caused Your Injuries
A design defect results from an inherent flaw in the final design of a product, making it unsafe for consumers. Unfortunately, it’s not enough to merely claim that a defective product you used led to your injury. Some products, such as firearms, are dangerous, even without a defect.
You must provide evidence that the product you used contained an unnecessary risk that wouldn’t have caused your injury if there had been no defect in the design. You also need proof that the manufacturer could have used an alternate design much safer than the one they used.
You would need to prove these factors to win your case:
- Another design option would have mitigated or eliminated the risk of physical harm, property damage, or death without altering the product’s effectiveness;
- The company had the technology and economical means to use the alternate design; and
- While the product was being made, scientific knowledge was available that could have enabled a safer design.
Multiple parties are responsible for assembling, manufacturing, shipping, stocking, and selling consumer goods. However, the manufacturer should be liable for any harm caused by a product’s defective design.
Determining the Compensation You Can Pursue
Poorly designed products can lead to a range of losses to your health and your family’s financial situation. You deserve a monetary award that will compensate for the emotional, physical, and financial losses you suffered, such as:
- Lost enjoyment of life
- Pain and suffering
- Property damage
- Medical bills
- Lost wages
- Lost earning capacity
- Mental anguish
- Out-of-pocket expenses
Abel Law Firm can review your case and estimate an appropriate amount of compensation to demand from the insurance company. Some of the factors we might use to come up with the right monetary value are:
- The type and severity of the injury
- The duration of the recovery
- Whether there was permanent impairment or disability from the incident
- The impact of the injury on the ability to work, care for children, and perform daily tasks
- The total cost of medical treatment and the estimated cost of necessary expenses in the future
- The availability of evidence proving a design defect caused the injury
- The amount of insurance coverage on the at-fault company’s policy
If we cannot reach a favorable settlement agreement with the insurance company, we have the resources and experience to proceed with a lawsuit. You deserve the full and fair compensation available for the suffering you endured.
At Abel Law Firm, our Oklahoma City design defects lawyers understand the economic burden you might face. You’re already paying for medical treatment, and we don’t want to add more expenses to your plate. We will take your case on contingency, so you don’t have to worry about paying us upfront for our services. We don’t collect our legal fees and costs unless we secure a settlement or jury verdict for you. If we lose your case, you won’t have to pay.
Please contact the Oklahoma City design defects lawyers at Abel Law Firm by calling (405) 239-7046 for more information about your potential design defect case.