Any time you purchase something from a store or online retailer, you should be able to trust that the product, if used as intended, will not cause you harm. Unfortunately, as the number of product recalls issued in the United States each year shows, not every company does its due diligence to ensure its products meet this basic standard. Negligence on behalf of manufacturers can have devastating consequences for unsuspecting consumers.
If something you bought has left you with serious injuries, even though you followed all the relevant instructions for safe use, you may have grounds for civil litigation. Through a successful claim, a dedicated Auburn defective products lawyer can help you recover compensation not just for your short-term injuries and losses, but also for any negative effects this experience may have on you in the long term. Contact Gideon Asen, LLC today to discuss your situation with a compassionate personal injury attorney.
Possible Grounds for Product Liability Litigation
Generally, defective product claims in Auburn, Lewiston, and throughout the state of Maine are built around the legal theory of strict liability. In short, companies that make and sell consumer products are strictly liable for injuries that their customers sustain if all the following conditions are true:
- The product was “defective” in its design, manufacture/assembly, or marketing—meaning it lacked sufficient safety warnings and instructions for proper use—when it left its manufacturer’s direct control
- The product’s condition did not meaningfully change between when it left its maker’s control and when the customer in question took possession of it
- The aforementioned defect directly caused physical harm to the product’s owner and/or user
- The injured owner or user was using the product reasonably and for its advertised purpose when they got hurt
It is also sometimes possible in Maine to file a product liability lawsuit based on a manufacturer’s violation of the state’s Implied Warranty Law, if a product becomes seriously defective (within four years of purchase) without the consumer having damaged it themselves. An Auburn faulty products attorney can discuss potential justifications for a lawsuit or settlement demand in more detail during a confidential consultation.
Recovering for All Available Damages
Regardless of the specific legal theory that a defective products case is based on, a manufacturer found liable for harm that their product has caused may be on the hook for both economic and non-economic consequences of those injuries. On the economic side of things, it may be possible to recover for past and future medical bills, personal property damage, costs of repairing or replacing the defective product in question, and lost work income and/or earning ability.
Non-economic losses, as the choice of term suggests, are those with subjective financial values like physical pain, psychological trauma, and lost quality of life. Guidance from a product liability attorney in Auburn can be vital to identifying, accurately evaluating, and proactively demanding fair compensation for the harm a defective product has caused and will cause.
Seek Help from an Auburn Defective Products Attorney Today
Injuries caused by unreasonably dangerous products can change your life in seconds. After this kind of accident, the quality of legal representation you retain could make all the difference in whether you can recover financially for your losses and preserve your future prospects despite the harm you sustained.
An Auburn defective products lawyer can be your ally from start to finish of your legal proceedings. Call Gideon Asen, LLC today to learn more.