Defective products commonly cause injuries to consumers. What is important is understanding how to be compensated for the harm you endure and identifying who is responsible for causing it.
A reliable injury lawyer who understands establishing liability in Auburn defective products cases can help. They will establish the type of defect and craft a claim in accordance with Maine law. Contact the seasoned product liability attorneys at Gideon Asen LLC today for more information.
Types of Defective Product Claims
Faulty products can have one of three types of defects. Each describes a different set of circumstances and behaviors by the seller or manufacturer.
Design Defects
These issues result from a seller choosing a design that poses a danger when an alternative would have been safer. Claims based on design defects question the blueprint choice for the product and its market, such as whether the chosen design is standard in the industry if the safer alternative is being used elsewhere, and if the seller could have reasonably made the switch.
Manufacturing Defects
Manufacturing defects result from errors in the actual production of an item rather than in the design phase. Once exposed to consumers, these flaws can cause injuries. Manufacturing flaws point to the creator or assembler of a product rather than the seller and require evidence that it was improperly made before reaching the buyer.
Marketing Defects
Marketing defects, which result in failure to warn claims, are how a seller markets a product rather than a fault in the item itself. Some products pose certain risks to consumers, and sellers are responsible for providing information on how to use them properly and safely. If the warnings fail to provide that knowledge, then a marketing issue could be the cause of the individual’s injuries.
How to Establish Liability for Defective Products
The Maine Revised Statutes Title 14 § 221 holds the seller or manufacturer of a defective product to strict liability, meaning they are responsible for harm caused by a flawed product regardless of the level of care taken. If a person’s situation establishes the following elements, then liability can exist for injuries caused by the malfunctioning product:
- The product was defective when sold
- The seller or manufacturer caused the defect
- The individual is foreseeable as someone using, consuming, or being affected by the product
- The product reached the consumer in the same overall shape as when it was sold
To prove liability in a defective products case in Auburn-Lewiston, an attorney must satisfy these factors by determining the type of flaw and how it led to an injury.
Comparative Negligence Standards
Even though state law establishes strict liability for defective products in Auburn, a person’s own actions can affect their eligibility for damages. Based on Austin v. Raybestos-Manhattan, Inc., someone who is aware of a flaw and still uses the faulty product may not recover damages. In a sense, the court set up an assumption of risk framework for these cases, so those who choose to knowingly use a defective item are not entitled to damages.
To prove fault in Auburn-Lewiston, an individual would need to show that they did not know about the defect prior to an injury. An experienced attorney can assist in demonstrating that the injured person was not aware of a product’s defects.
An Auburn Attorney Can Help With Establishing Liability in a Defective Product Case
Establishing liability in Auburn defective products cases requires a clear understanding of a claim’s legal elements and the flaws contributing to an injury. You must also consider the comparative negligence system when holding a seller or manufacturer accountable.
A lawyer with experience representing clients injured by faulty products can walk you through the facts of your case and explore options for compensation. Contact Gideon Asen LLC today to schedule your free initial consultation.
