How Can We Prove A Product Is Defective?

If you have suffered injuries because of a defective product, you may be entitled to receive compensation for your medical costs, lost wages and emotional distress. We will thoroughly investigate your case to determine whether the product is at fault and whether your injuries could have been prevented.

Under the law, a product is considered defective if there is an unreasonable risk of injury to consumers by its use. At Gerling Law in Evansville, Indianapolis, Louisville, and Owensboro, our attorneys can determine who is responsible for the defect that caused your injuries. Courts generally recognize four types of defects:

Defective Design – Defects in the design of a product occur in the planning stage, before the product is created. If the defect is not discovered until after the product is released on the market, the manufacturer may need to issue a recall to ensure that consumers are not injured. However, these recalls may be initiated too late to prevent injuries. Many times, product owners simply never hear about the recalls.

Defective Manufacturing – It is common for some flaws to occur during the manufacturing process. However, when these flaws cause injury to consumers, the manufacturer can be held liable.

Defective Testing – Required rigorous testing is meant to ensure safety before products reach the market. Flaws in testing can miss defects that may cause injuries to consumers. Insufficient testing or poorly planned tests can produce inaccurate results about the product's safety, and testers may be pushed to approve products quickly to rush them to market.

Defective Marketing – Product packaging, including warnings and instructions, can misrepresent a product, leading consumers to use the product inappropriately and cause injuries. Unclear instructions or missing warnings on over-the-counter drugs or prescription medications are a common source of defective marketing.

If you've been injured by using a product you believe is defective, and you live in or near Evansville, Indianapolis, Louisville, or Owensboro , our consumer injury lawyers can help you. Call Gerling Law today. Remember, Go with Experience. Go with Gerling.