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Product Liability
If you've been injured by
a defective product, we can help. The attorneys at the Brown Law Offices
have represented both plaintiffs and defendants in a number of product
liability cases. Today, we work on behalf of injury victims.
Our experience helping those injured by defective products is broad.
We've worked on cases involving injuries sustained by the use of
commercial forklifts, cement pumper trucks, Halloween costume
accessories, and various power equipment.
Most products cases are tried before a jury in an attempt to demonstrate that a particular good contained a defect that resulted in injury
to the user. Expert witnesses are utilized in almost every case, as
proof is often highly technical. The choice of an expert often
determines the outcome of the case.
Typical experts in a product liability case may include engineering
psychologists (human factors), mechanical engineers, economists,
annuitists, and vocational rehabilitation specialists. Of course, this
list is not exclusive. Other experts may called upon for opinions and
testimony as needed.
Product liability cases require lawyers to both educate and advocate.
They are not low budget cases. Consequently, good attorneys will sit
down with you to discuss your potential claim and conduct an initial
investigation before determining whether to devote substantial time and
resources to your case.
Three legal theories are certain to arise, with the potential for dozens
of others. Most often, theories of negligence, strict liability, and the
breach of a warranty are invoked against a product maker or distributor.
The following items prove helpful in proving a Plaintiff's case, whether
a failure to warn, defective design, or failure to guard claim:
> Product advertising
information, such as ads and brochures;
> Sales and production information;
> Blueprints, plans, schematics, and diagrams of the product;
> Copies of all warnings that appear on the product;
> "State of the art" standards in the industry;
> Interviews with other users;
> Documentation relating to design, manufacture, or safety;
> Information concerning prior injuries with the product;
> Maintenance records;
> Safety considerations and studies; and
> Regulations, such as ANSI or OSHA.
Much of this information is gathered during the formal discovery process
that is required during the lawsuit, while other details may be obtained
from different sources by the lawyer prior to commencing suit.
Product liability actions are fought with a vigorous and capable
defense. Companies are willing to devote the resources necessary to
defend these actions. Valid defenses include: comparative fault (user
more than 49% at fault for own injuries); assumption of a known risk;
misuse; alteration or modification of the product; use of the product
for unintended purpose; and a state of the art product.
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