Personal Injury Articles

Madison Personal Injury Attorney

Injuries from Products - A Complicated Burden of Proof

Hundreds of millions of dollars are spent every year on consumer-based products in the United States, and while many of them are safe and useful, others are quite dangerous. Unfortunately, certain products are dangerous for different reasons, and as a result, thousands of people are seriously injured every year as a result of these defective and/or inherently dangerous products.

If you or someone you love has suffered this fate, you will need the help of a defective products lawyer in Madison from Habush Habush & Rottier, S.C. to guide you through the process of pursuing a justifiable recovery. Below is an example of why you'll need this help, as there are generally two legal theories that must be used to prove liability on the part of the product's manufacturer. We encourage you to familiarize yourself with these standards and to contact a Madison personal injury attorney at Habush Habush & Rottier, S.C. today to schedule a free initial consultation.

Standard One - Defective Design

One of the theories that's used in a products liability case is known in the legal world as 'defective design.' What this means specifically is that a product's 'blueprint' is such that a product that could otherwise be safe becomes dangerous as a result of the way that the manufacturers design engineers plan the product's ultimate functions and properties. Proving this theory means that you will as a result prove that every product within that line is dangerous to anyone who uses it in the way that it was meant to be used. Many times, proving this point will require evidence from at least one expert witness.

Standard Two - Defective Product

The other standard used in products liability cases is not as all-encompassing as proving that an entire product is defective in the way it's designed. Rather, in a case that depends on this theory, the plaintiff must prove that the individual product that was purchased was used in a way that should have been foreseen by the manufacturer and that as a result of a mistake or deficiency in the way that product was built, the consumer/user was injured. This is also a complicated standard to prove and will also most likely require the help of an expert witness.

Generally, products liability trials are quite complicated, and require an extremely high degree of experience and courtroom skill in order to successfully prosecute a case. If you have been injured by a defective product, do not try to handle the matter alone - contact a Madison products liability lawyer at Habush Habush & Rottier, S.C. today to schedule a free initial consultation.