New Hampshire Product Liability Attorneys
Helping You File a Defective Product Claim
Were you or a family member injured by a product you bought off a shelf or through an online order? The product manufacturer might be liable for the resulting damages, like medical costs, wages missed because you couldn’t work, and your pain and suffering. To figure out if you should file a claim and how to do it, count on Upton & Hatfield, LLP. Our firm is backed by more than 100 years of legal experience, having first opened our doors in 1908. With a background like that and such a strong reputation for success, you know you can trust your claim to our team of New Hampshire product liability lawyers.
Defective Product Examples
Airbags in cars, prescription drugs, medical devices like hip implants, and even baby rockers have all been in the news in recent years for dangerous defects. How is it that products that are so different can all be defective? Any product can become defective when the product manufacturer is not taking its responsibility to consumers seriously and allows one of the three main types of product defects to occur.
Three primary types of product defects are:
- Design: A design defect occurs in the initial stages of a product’s inception and before it is actually produced, manufactured, or grown. A product that is defective by design can never be considered reasonably safe because the defect is inherent to it. For example, safety goggles made of a thin, brittle glass would be defective by design because such a design could never protect the user’s eyes as intended.
- Manufacturing: A manufacturing defect occurs somewhere between the design process and the point of sale, as in when the product is being produced or made. Such defects can be difficult to track because not all of the same products will be affected by them. For example, a batch of premade bookcases is shipped before the wall mounts can be added to the packaging, making that specific batch of bookcases prone to tipping over.
- Marketing: A marketing defect occurs when the consumer is misled or misinformed while learning about a product, which can happen while watching a commercial, speaking with a salesman, or reading the product’s packaging. Missing information can be just as dangerous as incorrect information, too. For example, a power drill’s packaging never warns the consumer that it can overheat and catch fire if used for more than 15 minutes at a time, creating a fire hazard whenever it is used.
Can You Sue a Company for a Defective Product?
Who is responsible for a defective product that causes an injury to a consumer? For the most part, product manufacturers can always be held strictly liable for the harm their products cause due to defects. Even if you were intentionally misusing a product when you were injured by it, you might still be able to sue the company that made it if the defect contributed to your injury.
Can a Retailer Be Held Liable for Defective Products?
What you might not know is that the entire chain of distribution involved in a defective product can be named as defendants in your defective product claim.
A chain of distribution is comprised of:
- Vendor or retailer
Naming someone as a defendant in a product liability claim does not necessarily make them liable for your damages, though. A retailer might not be ordered to pay damages just because they sold a defective product if there was no clear reason for them to know the product was dangerous, for example. But the point is that you should talk to our attorneys about who can be named as a defendant in your claim because there could be more parties than you first realize, which also means you could have a better chance of getting a fair amount of compensation.
Should You Send the Defective Product Back?
If you report to a product maker that their product hurt you, then they are going to act concerned and tell you to send them the product for an inspection and replacement. Do not send your defective product away without speaking to our lawyers first. The best piece of evidence in your product liability claim could be the product itself, so do not give it so readily to the opposition, who might tamper with it. As the rightful owner of the product, you don’t owe it to the retailer or manufacturer to send it to them right away. Allow our attorneys to inspect and document it before relinquishing it.
No Time Like Now to Start a Claim
Don’t let the state’s three-year statute of limitations stop you from seeking compensation and justice after a defective product causes you to suffer a serious injury. Work with our New Hampshire product liability attorneys today to learn about starting a claim. There is no better time than right now to take action.
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