Product and Premises Liability
When you walk through a public space or on property owned by another, you take the safety of those premises for granted. But that property may not be safe, and you may be injured as the result of a fall or other accident. Premises liability protects the injured party, by holding the property owner liable for injuries that occur because of the owner’s failure to meet his/her responsibilities.
Obtaining justice for someone injured on unsafe premises requires an intricate knowledge of premises law and the skills necessary to navigate the peculiarities of each court system as well as the roadblocks of defendants. Our work benefits not only those injured in accidents, but also all those for whom future accidents may be prevented.
For more than two decades, The Law Offices of John David Hart has counseled families and individuals about their rights in the event of injuries due to dangerous or defective products or premises. We have successfully recovered compensation for victims and their families a wide range of product and premise liability cases.
When you use a product anywhere—in your home or at your job—you operate under the assumption that the product is reasonably safe. Sadly, there are products that are dangerously flawed or have inadequate warnings available on the market. Some may even be sold in spite of the manufacturer’s knowledge of the danger.
There are laws to protect the victims of dangerous or defective products. Under these laws, any company that designs, manufacturers, markets, or sells a dangerous product should be accountable for the injuries it causes. Even with laws to protect you, you need a lawyer who has experience navigating the complexities of product liability claims. The professional of The Law Offices of John David Hart have that expertise.
You bought a product in good faith. Used it like it was supposed to be used, took all reasonable precautions, but still got hurt. Now you have medical expenses, maybe lost work, and are left dealing with the consequences of someone else’s mistake.
The good news is that there is help. Companies are legally obligated to make safe products, and when they do not, they have to help you with the financial problems they caused. No one but a product liability lawyer who knows your specifics can tell you the best course to take, but this article should help you understand who might be responsible.
Are You, the User, Responsible?
This is the worst case, but assuming you thought you were using the product reasonably, also the least likely. If you rode a skateboard into traffic, you cannot sue the skateboard manufacturer. If you rode it down the street and a wheel came off forcing you into traffic that is a completely different story. This is true even if you were doing tricks because there is a reasonably expectation that this is how someone would use a skateboard. Unfortunately, if the fault is yours, there may be little legal help.
Is The Manufacturer, Who Made the Product, Responsible?
Quality products cost more money to make than products that are simply thrown together. Some unscrupulous companies will try to cut corners by using cheap products that will not hold up under pressure. Others will not put the pieces together properly, so the product just falls apart. They assume that when the product fails, as they know it will, the consumers will grumble, maybe file a complaint, and then go replace it. As long as no one gets hurt, they make money selling cheap products.
But you did get hurt! When you buy a product, you expect it to do what it is supposed to do. If the manufacturer knowingly made it so it could not work, they not only broke your trust, they broke the law.
Is The Designer, Who Made the Plans, Responsible?
Sometimes the manufacturer tried to make a quality product. They used good materials, put everything together well, but the product still failed to do what it was meant to. In this case, there is often a problem in the original design. No matter how well made it is, the product simply will not work. Whoever conceived of the product should have known there was a problem, but did not know or did not fix it.
Is The Seller, Who Sold the Product, Responsible?
If there is a problem with a product that makes it unsafe in certain situations, you have a right to know. Most of the time, there should be a warning on the packaging. If someone knew there was a problem, and failed to tell you, that person is responsible.
Take your case to an experienced product liability attorney like John David Hart. He will help you sort out who is responsible for your pain and expenses.
If you or a loved one has been injured due to a dangerous or defective product or premises, please call 1-800-961-HART (4278).