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PRODUCT LIABILITY CASES
These type of cases will usually involve an item purchased by a consumer that has either malfunctioned or been designed in such a way as to cause injury to another. There are many issues involved in product liability cases that are unique to this area of law. In these type of cases, we often have legal grounds which we can use to seek payment of damages for our clients, including the following:
Implied Warranty of Merchantability: meaning the Defendant merchant
impliedly gave a warranty on the product that the item was fit for
the ordinary purpose for which the item was intended. For example,
in selling a bicycle, a store gives an implied warranty that the
bike is fit and able to be used safely in the ordinary manner one
would expect to use a bicycle.
Basis Negligence: meaning the retailer or manufacturer knew, or
should have known, about a defect in the produce, they had a duty to
cure the defect and/or warn the consumer about the danger, and
failed to do so. In other words, negligence is basically doing
something that a reasonable would not do, or not doing something
that a reasonable person would do.
Strict Liability: arguing that the item purchased had, at that
time, a defect that made the item unreasonably dangerous for its
intended use.
The above are just three examples of how a products liability case
could be pursued. At Kinney, Fernandez & Boire, we have
successfully handled cases against retailers and manufacturers of
consumer products whose items have injured individuals. Our office
has worked with engineers who are experts in this field in order to
present a strong case on behalf on our clients.
If you believe that you or someone you know has been injured by a
defective product, it is important to maintain the item safely in
order to allow for a complete inspection and analysis by an expert.
Take photographs of the item, the area of the accident, your
injuries and try to preserve as much evidence as you can. Finally,
it is important to hire a lawyer as soon as possible in order to
move your cases in the right direction from the beginning.
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