Manufacturers have to ensure the product they manufacture is safe for consumers. Sometimes that is not the case, as the product can end up causing injuries and even death to the consumer. Some of these injuries include sporting gear, medical devices, and home appliances that they least expect could harm them. Some of these products can lead to fatal injuries and can even cause death when they break down or are consumed. This wrongful death due to a product can affect the family and any dependent in case the deceased was the breadwinner. This article will explore how to deal with product liability and wrongful death.
Causes of Wrongful Death Due to Defective Product
Here are many factors and causes of wrongful death caused by product liability. Some of these factors Include
Using defective auto parts
Buying or using defective auto parts can be very dangerous to use. These products or motor vehicles are always at risk of malfunctions that can cause fatal accidents and death. In case the brakes or safety belts are defective, it means that in case of an accident, you are at high risk of getting injured or causing the accident yourself as your vehicle can stop.
You risk getting injured when buying products like kitchen appliances, electronics, and other gadgets that are defective. Most of the time, people use these gadgets as instructed by the manufacturer and still get injured or even die.
This includes devices like cardiac pumps and defibrillators, which can cause damage and instant death if malfunctioning.
Children’s products like toys, clothing, and cribs
Types of defects that Could Cause Wrongful Death
Different levels and classes of defects depend on the product and its usage. You can use the defects in the product liability lawsuit.
The design of the product can sometimes be the cause of defects. The design becomes a defect if other designs are available for the product to make it safer. In such cases, the defective products will be recalled, mainly if they cause harm or have been associated with wrongful death.
A manufacturing defect occurs when assembling or when a product is being manufactured. Manufacturing design needs checking before the product is released and can help rectify in case there is an error. This also implies that other products did not fail.
This occurs when the user is not adequately informed about ways of using the product safely. This can lead to fatal accidents or even cause death.
When consumers buy any product, they expect it to work as designed and advertised. When the product goes contrary to its design due to negligence or carelessness of the manufacturer, it can lead to fatal accidents, and somebody should be held accountable.
In Case of Product Liability Claim, Who Can be Sued
There are various stages that a product undergoes before it can reach the consumer. This includes the manufacturing, designing, and advertising any product, such as a vehicle, commercial product, or machinery. If you do not know who to sue and who is responsible, you can chat with a wrongful death attorney to help guide you on the case. Anybody along the supply chain is accountable in case a product is linked to the wrongful death of someone. These includes
- The product manufacturer
- The manufacture of parts of a product such as tires
- The assembling party
- The wholesaler
- The retailer that sold the product to the consumer.
It’s vital to involve your attorney to help you determine the root cause of the death of your loved one. The product might be interfered with along the way before it reaches the consumer, which can cause death.
Legal Theory of Product Liability Lawsuit
These three theories are considered in the ruling of a product liability lawsuit. These theories include breach of warranty, negligence, and strict liability.
Under this theory, anybody involved in the manufacturing, advertising, assembling, or any party involved in the supply chain is held responsible for the wrongful death caused by a defective product. They are held responsible irrespective of whether they knew the product was defective. When a product design is unsafe for use, and there are other alternatives available, the manufacturer or the marketer doesn’t have to be aware to be held accountable.
Under the theory of negligence, any party along the supply chain will be held accountable if they produced or sold a defective product that has led to wrongful death. Negligence happens if they are proven not to have reasoned or acted as an ordinary party would have.
Breach of Warranty
This occurs when the defendant is guilty of misinterpreting the product they sell to the consumer. If a customer dies by using the product as advertised, then the party responsible for advertising is held accountable.
The above are crucial things you should know in case of wrongful death due to a product. An excellent reputable lawyer will help you claim compensation in case of the wrongful death of your loved one.