What You Need To Know About Unsafe Products and Liability

websitebuilder • Dec 26, 2023

If you've ever injured yourself when using a product, you know that sometimes the accident is your fault—but sometimes, the design of the product makes it impossible to use it safely. The product might be defective, or the instructions may not be adequate, but in any case, the product is not something that you could have used without risk of injury.

In these cases, you may be able to seek compensation for medical costs and other damages typical in a personal injury case. You must speak with a personal injury lawyer first, though, to ensure that your case is airtight and that you've got a good chance of winning.

Determining If a Product Is Unnecessarily and Unavoidably Unsafe

Personal injury cases due to unsafe products rely on showing that the product was unavoidably unsafe to use. This can mean that the product was designed poorly, did not have instructions that clearly showed how to use it, and so on.

Unavoidably unsafe doesn't mean inherently unsafe, as there are plenty of products that are inherently unsafe, like a kitchen knife, that can be used without injury. That's because people know how to use knives, and solid information about how to use them safely is easily accessible (and it's common knowledge that children shouldn't use them).

Identifying Your Role in the Injury

If a product is defective and you become injured, that's potentially something you could sue over. However, you need to determine your role in the injury. Say you were using a new knife to cut something and noticed that the knife wasn't very sharp and kept slipping toward your other hand instead of cutting through the item you wanted to slice. Yet you kept trying to use the knife instead of sharpening it or returning it, and you ended up cutting yourself.

You'd have a tough time proving that the knife was defective because it was dull out of the package and thus responsible for your injury. Yes, the knife should have been sharp, and a dull knife straight out of the package clearly has something wrong with it. But any reasonable person would have realized this was wrong. If you continued to use a knife you knew was defective, you can't always blame the manufacturer for your injury.

When you seek damages for a personal injury due to an unsafe product, you have to make it clear that you tried to use the product as safely and correctly as possible. It's not unusual for a case to have shared responsibility and liability, so seeking legal counsel to determine whether you have a case is best.

Weighing Usefulness and the Risk of Harm

Some products are risky to use, but their usefulness vastly outweighs any downside to using them. A food chopper with several sharp blades is risky to use because when you have to clean it, you have to be careful not to cut yourself on the blades. But the usefulness of a food chopper for someone with dexterity issues makes the chopper potentially so useful that the risk may be acceptable.

An injury sustained during cleaning might not make that chopper unavoidably unsafe, and it may not be an injury you could seek damages for. However, if the chopper was advertised in a way that made it seem like it couldn't cut you during cleaning, or if there were no instructions on how to clean it safely, you could argue that it was a defective product or the subject of deceptive marketing practices. Then you could potentially seek damages.

If you've suffered an injury because of a product that you think was unavoidably unsafe or defective, contact the law offices of Bernstein & Bernstein. We can discuss whether your injury was avoidable and whether the manufacturer of the product didn't add appropriate safeguards. Not every product is intuitive and easy to use, and as a consumer, you deserve to be able to use things without becoming injured.

< Older Post Newer Post >

Share

Mail

Social Security Disability SSDI Lawyers in Detroit

The Vital Role of Attorneys in Securing Social Security Disability Benefits

12 Mar, 2024

In a society where unforeseen circumstances can disrupt our lives in an instant, having a safety net is crucial. Social Security Disability Insurance (SSDI) serves as that essential lifeline for individuals who are unable to work due to a disability. However, navigating the complex process of applying for SSDI benefits can be overwhelming and challenging. This is where retaining an attorney becomes invaluable. Here are several reasons why seeking the assistance of an attorney is paramount in securing Social Security Disability benefits: Expertise in the Legal Process: Applying for SSDI benefits involves a myriad of legal procedures, forms, and deadlines. An experienced attorney specialized in disability law possesses an in-depth understanding of these intricacies. They can guide you through every step of the process, ensuring that all necessary paperwork is completed accurately and submitted on time. Thorough Evaluation of Eligibility: Not everyone who applies for SSDI benefits qualifies for approval. Attorneys can assess your case thoroughly to determine your eligibility based on the Social Security Administration's (SSA) stringent criteria. They can advise you on the strength of your case and provide strategies to enhance your chances of approval. Gathering Medical Evidence: Medical evidence is the cornerstone of any successful SSDI claim. Attorneys can assist in gathering comprehensive medical documentation from healthcare providers to support your disability claim. They understand the type of evidence required by the SSA and can ensure that your medical records accurately reflect the severity of your condition. Representation at Hearings and Appeals: If your initial SSDI application is denied, you have the right to appeal the decision through a hearing before an administrative law judge. Having legal representation during these proceedings is invaluable. Attorneys can prepare you for the hearing, cross-examine witnesses, and present compelling arguments on your behalf, significantly increasing your chances of a favorable outcome. Navigating Complex Legal Issues: Disability law is intricate and subject to frequent changes. Attorneys stay abreast of these legal developments and can navigate any complex issues that may arise during the SSDI application process. Whether it involves understanding SSA regulations or interpreting case law, attorneys have the expertise to address these matters effectively. Maximizing Benefits and Avoiding Mistakes: The SSA's rules and regulations regarding SSDI benefits are stringent, and even minor errors in your application can lead to denial or delays. Attorneys can help you maximize your benefits by ensuring that your application is error-free and that you receive the full extent of benefits you are entitled to. Peace of Mind: Dealing with a disability and the subsequent financial strain can be incredibly stressful. By entrusting your SSDI claim to a knowledgeable attorney, you can alleviate much of the burden associated with the application process. You can rest assured knowing that your case is in capable hands, allowing you to focus on your health and well-being. In conclusion, retaining an attorney to assist you in obtaining Social Security Disability benefits is not just advisable—it's essential. From navigating the intricate legal process to representing you at hearings and appeals, attorneys play a vital role in ensuring that you receive the benefits you deserve. If you're facing a disability and seeking SSDI benefits, don't hesitate to seek the guidance of an experienced disability attorney. It could make all the difference in securing your financial future and peace of mind during challenging times.

The Importance of Free Consultations When Hiring a Lawyer

08 Mar, 2024

Navigating the aftermath of a personal injury can be a daunting experience. Read this blog on the importance of free consultations when hiring a lawyer.