A defective product is a defective product, right? But the matter is not that simple when pursuing a legal action to obtain compensation from or a civil judgment against the maker of a product that has injured you. As the plaintiff, you are required to prove that the injury was the result of a defect in the product and not a consequence of unsafe behavior on your part. Furthermore, you must establish that the nature of the incident was beyond the scope of reasonable and warned risk associated with a product, such as a burn from a lighter, for example.
Beyond that, your chosen legal representative must determine whether the specific defect responsible for your injury was generated in the manufacturing process or the design phase of production. This is critical because it would be difficult to persuade a judge or jury that your case has merit if your counsel seeks to claim that it is one type of defect when it is really the other. A mishandled case might have an unfavorable result because of a legal technicality, and you could lose the opportunity to obtain the compensation that you deserve.
Although the line between the two kinds of product defect is often unclear, the basic principle distinction is as follows:
A manufacturing defect is present if the flaw in the product you were using is not found in every similarly created item. For example, if an assembly line worker forgot to perform some action, such as the insertion of a load-bearing rivet, or if the materials used for a portion of a manufacturing run were substandard, then you would possibly be dealing with a manufacturing defect.
A design defect is a flaw that is inherent in the planned construction and use of a product, so it will be found in all of the manufactured objects. One product that is frequently subject to recall because of such a defect is a child’s crib. Many different brands and models have been recalled because they pose a threat to the safety of the infants and toddlers who sleep in them.
As stated above, the distinction is not always easily made, and this should just serve as a basic rule of thumb. To properly assess the nature of the defect that caused your injury, consult an experienced legal professional of the Charleston personal injury lawyers of the Steinberg Law Firm.
Because it is so important that your legal action be prosecuted with the right argument, we urge you to contact the Charleston personal injury lawyers of the Steinberg Law Firm if you have sustained an injury due to a defective product. Call us at 843-720-2800 to begin your effort to claim what is yours.