Bellevue Defective Products Lawyer
Product manufacturers, distributors, and retailers have a duty to produce and sell products that are safe to be used for their intended purpose. However, this duty may be breached if the manufacturer should have known about or does not disclose certain flaws or defects that made their product unsuitable for use.
When a manufacturer fails to act in the interests of the public in this way, they may be held liable for injuries sustained while using the product. If you were seriously injured by a defective or dangerous product at home or at work, get in touch with a qualified personal injury attorney from Inkelaar Law. A skilled Bellevue defective products lawyer from our firm could aggressively fight to hold liable parties accountable when a defective product causes you harm.
Proving a Defective Product Caused Injury
In order to prove a defective product claim in court, you may need to show that the product was malfunctioning at the time of use or was improperly packaged and that this defect directly caused you harm. There must also be a relationship between the defective product and the accident that occurred. It may be proven by the product itself or by a medical expert who examined your injuries and can affirm the two are linked.
A negligence claim is often based on the assumption that the product manufacturer owes a duty of care to all those who can be expected to make use of its product. There are several specific ways a defective products attorney in Bellevue could find a manufacturer negligent in relation to a flawed product, which include:
- Defective design of the product
- Improper testing and assembly of the product
- Placement of inadequate warnings, labels, and instructions on a product’s packaging
- Poor selection of materials
A claim based on negligence may not be limited by the doctrine of privity of contract, which states that only a party to a contract can sue under it. Instead, Nebraska Revised Statutes §25-224 states that a product liability lawsuit might be brought by a person who uses the product, a consumer who orders a product for their business, or a third-party bystander who suffered injuries while using the product.
What Types of Damages Are Recoverable in a Defective Products Claim?
Many defective products cases are based on some form of strict liability theory or negligence. Therefore, available damages often center around compensatory damages meant to compensate you for the losses connected with the defective product.
Punitive damages may not be available in a defective products claim because they require that the defendant acted with purposeful intent in harming you. Considering defective products are generally based on negligence, the defendant usually does not act with malicious intent, although there are some exceptions. A qualified personal injury attorney could explain if punitive damages may apply in a product liability case.
Economic Versus Non-Economic Damages
Compensatory damages can be divided into two subcategories: economic and non-economic. Economic damages refer to compensation for objectively verifiable monetary losses. Non-economic damages refer to compensation for subjective, non-monetary losses that may be more difficult to calculate a value for.
Economic damages may cover the following types of losses:
- Medical costs
- Lost wages
- Disability costs
- Property damage
Non-economic losses may include:
- Loss of consortium
- Pain and suffering
- Loss of enjoyment of life
What a Bellevue Defective Products Attorney Could Do for You
Defective products cases can be extremely complex and time-consuming. Having a skilled Bellevue defective products lawyer on your side may give you peace of mind so that you can focus on your recovery. For an initial case evaluation with Inkelaar Law, call today.