When a loved one dies due to a defective product, the pain and loss can feel insurmountable. You’re left grappling with grief while also wondering how such a tragedy could have been prevented. Holding a manufacturer accountable isn’t just about seeking justice for your loved one – it’s also about ensuring others don’t suffer the same fate. Hiring a wrongful death lawyer can be the key to pursuing a successful claim.
The Manufacturer’s Responsibility to Consumers
According to the Consumer Product Safety Commission, defective products kill about 23,000 people in the US and severely injure an estimated 31 million.
Manufacturers are legally obligated to produce and distribute safe products for their intended use. This duty applies to every step of the manufacturing process, from design to distribution. Manufacturers must provide proper warnings or instructions to prevent harm when a product is inherently dangerous. Failure to meet these obligations can result in devastating consequences for consumers, including fatal injuries.
If you’ve lost someone due to a defective or dangerous product, you may hold the manufacturer liable by filing a wrongful death claim. Proving the manufacturer’s accountability often requires an investigation into how the product failed and how that failure caused the death of your loved one.
Types of Product Defects That Lead to Wrongful Death
Consumers expect the products they use daily to be safe when used as intended. However, some products fail to meet this expectation, leading to terrible consequences. These failures often fall into one of three categories: design, manufacturing, and marketing defects. Each type represents a distinct way a product can become unreasonably dangerous, potentially causing harm or even wrongful death.
Design Defects
Some products are unsafe from the start due to inherent flaws in their design. These defects occur before manufacturing begins, making the product hazardous even when built correctly. Design defects are particularly concerning because they affect every unit produced, exposing countless consumers to unnecessary risks.
For example, consider a vehicle with a high center of gravity that significantly increases its likelihood of rolling over during a sharp turn. Even if the car is assembled perfectly and driven responsibly, the inherent instability in its design can lead to fatal accidents. In such cases, the manufacturer may bear responsibility for failing to prioritize consumer safety during the design phase. Addressing design defects often requires identifying safer alternatives that could have been implemented to prevent harm.
Manufacturing Defects
Not all defective products are inherently flawed in their design. Some become dangerous due to mistakes made during the manufacturing process. These errors can result from using inferior materials, improper assembly techniques, or failures in quality control procedures. Unlike design defects, manufacturing defects typically affect only specific batches or individual units of a product.
Imagine a bicycle with a frame that collapses during normal use because substandard metal was used in its construction. While the bike’s design might be sound, the defect introduced during manufacturing transforms it into a dangerous product. When such a defect leads to fatal injuries, the manufacturer can be held accountable for failing to adhere to proper production standards.
Marketing Defects
Marketing defects involve failures in the information provided about a product. These issues arise when manufacturers neglect to include adequate warnings, instructions, or labels that inform consumers about potential risks. Even a well-designed and properly manufactured product can pose dangers if users aren’t informed of how to handle or operate it safely.
Consider a cleaning product that contains hazardous chemicals. The product must include clear warnings about proper ventilation during use. If the manufacturer fails to provide this information, consumers may unknowingly expose themselves to harmful fumes, leading to serious or fatal injuries. In such situations, the lack of appropriate warnings constitutes a marketing defect, and the manufacturer can be held liable for the resulting harm.
How a Wrongful Death Lawyer Typically Handles Product Liability Cases
Holding a manufacturer accountable after a wrongful death caused by a defective product requires a thorough and strategic approach. The process often involves both legal and technical challenges that may feel daunting. Working with a wrongful death lawyer ensures you have someone to advocate for you and help build a case that identifies the responsible parties and proves their liability.
To hold a manufacturer accountable, your wrongful death lawyer must establish that the product was defective and that this defect directly caused your loved one’s death. However, liability doesn’t always stop with the manufacturer. Other entities, such as distributors, retailers, or component suppliers, may share responsibility.
Gathering Evidence to Support Your Claim
Evidence plays a central role in proving that a defective product caused a wrongful death. Collecting and preserving this evidence promptly can significantly strengthen your case. A wrongful death lawyer can assemble the necessary documentation and materials to support your claim.
Securing the Defective Product
The defective product itself is often the most critical piece of evidence. If you believe the product caused harm, you should preserve it immediately. Avoid tampering with it, as its condition will be crucial in determining how the defect occurred. Your attorney can ensure the product is safely stored and examined by industry professionals who can assess the defect and its role in the wrongful death.
Documenting the Accident
Accurate documentation of the events surrounding the accident is essential for building a compelling case. Photographs and videos of the scene can provide valuable context for understanding how the product failed. If there were witnesses, their accounts could further clarify the circumstances. These details can help reconstruct the sequence of events, offering insight into how the defect directly caused the fatal injury.
Medical Records and Reports
Medical records are another critical form of evidence in a wrongful death case. These documents establish the connection between the defective product and the injuries that led to your loved one’s death. Autopsy reports can provide definitive information about the cause of death, while medical expert opinions can support your claim by linking the injury to the product defect. Such evidence is often instrumental in demonstrating how the defect caused irreparable harm.
Purchase and Warranty Records
Proof of ownership and purchase history are also vital in product liability cases. Purchase receipts, warranty documentation, or registration records show that your loved one owned and used the product as intended. This evidence can be particularly important in countering claims that the product was misused or altered. Establishing proper usage strengthens your position by highlighting that the defect, not user error, caused the harm.
By compiling these types of evidence, your wrongful death attorney can build a stronger case to hold the manufacturer accountable. Working with a lawyer ensures that the evidence is collected, preserved, and presented in a way that maximizes the chances of a successful claim.
Common Defenses Manufacturers Use
You can expect resistance when pursuing a wrongful death claim against a manufacturer. Manufacturers often employ various defenses to deny liability or shift the blame elsewhere. Awareness of these strategies allows you and your wrongful death lawyer to prepare a robust case that effectively counters these arguments. Common manufacturer defenses include the following:
Claiming Consumer Misuse
Manufacturers frequently argue that a product caused harm because it wasn’t used as intended or was altered after purchase. By asserting consumer misuse, they aim to absolve themselves of responsibility for any injuries or deaths linked to the product.
To counter this defense, your wrongful death lawyer must demonstrate that the product was used properly and as intended. For example, suppose a kitchen appliance malfunctions and causes a fire despite being operated according to its instructions. Evidence such as product photographs, user manuals, and witness statements can prove proper usage in that case. Showing that the product still posed a danger when used correctly undermines the misuse claim and shifts the focus back to the defect itself.
Citing a Lack of Causation
Another common tactic involves denying that the product defect directly caused the fatal injuries. Manufacturers may argue that external factors, such as user error, pre-existing medical conditions, or unrelated accidents, were the true cause of harm. They’ll likely attempt to weaken your claim by raising doubts about causation and reducing their liability.
Overcoming this defense requires clear and compelling evidence that links the product defect to the wrongful death. If, for instance, a defective seatbelt fails to restrain a passenger during a car crash, resulting in fatal injuries, evidence of the defect’s failure during the crash can confirm causation. Reconstructing the sequence of events and eliminating other potential causes helps refute the manufacturer’s argument and strengthens your case.
Invoking Warnings or Disclaimers
Manufacturers often rely on the presence of warnings or disclaimers to defend against liability claims. By pointing to labels, instruction manuals, or packaging inserts, they may argue that they fulfilled their obligation to inform consumers of potential risks associated with the product. However, these warnings are only effective if they are clear, adequate, and prominently displayed.
If a warning or disclaimer is insufficient or fails to address the specific hazard that caused the harm, your lawyer can challenge its adequacy. For example, a chemical cleaning product with vague warnings about “possible irritation” may not adequately inform consumers about the risk of severe respiratory injuries without proper ventilation. Evidence of unclear, incomplete, or misleading warnings can discredit the manufacturer’s defense and reinforce your claim.
Demonstrating proper usage, establishing causation, and exposing inadequate warnings are critical steps toward holding the manufacturer accountable for their role in the wrongful death.
Why Accountability Matters Beyond Compensation
While financial compensation is one outcome of a wrongful death claim, holding a manufacturer accountable has broader implications. Pursuing justice for your loved one can lead to safer products for everyone. By exposing negligence or unsafe practices, you’re encouraging higher manufacturing and consumer safety standards.
Your case may also prompt regulatory agencies to scrutinize the product or industry more closely. If the same defect has harmed other consumers, your claim could serve as a catalyst for broader change, such as recalls, design modifications, or new safety regulations.
Wrongful Death and Punitive Damages
Courts sometimes award punitive damages to punish manufacturers for egregious misconduct. Punitive damages go beyond compensating the victim’s family and serve as a deterrent for similar behavior in the future. They’re often awarded when a manufacturer knowingly disregards consumer safety, such as continuing to sell a defective product despite being aware of the risks.
If your case involves gross negligence or intentional wrongdoing, a wrongful death attorney can help you seek punitive damages. These damages send a powerful message about the importance of corporate accountability.
How Wrongful Death Laws Vary by State
Wrongful death laws differ from state to state, impacting how you pursue a claim. Each state determines who is eligible to file a lawsuit, what damages are recoverable, and how liability is apportioned. Some states allow only immediate family members to file a claim, while others include extended relatives or dependents.
The damages you can recover may include compensation for medical expenses, funeral costs, loss of companionship, and lost future income. An attorney familiar with wrongful death laws in your state can guide you on what to expect.
Overcoming Challenges in Product Liability Cases
Product liability claims often require substantial resources and detailed investigations. Manufacturers typically have significant legal teams to defend against claims, and they may try to shift blame onto consumers or other parties.
A wrongful death lawyer can help counter these challenges by working with professionals who understand product design, manufacturing processes, and safety standards. Their insights can be instrumental in proving that the product was defective and directly caused the wrongful death.
A Skilled Attorney is Ready to Fight for Justice
Holding a manufacturer accountable for a wrongful death is about more than financial compensation. It’s about honoring your loved one’s memory and protecting others from preventable harm. By working with a wrongful death lawyer, you’re taking a stand against negligence and demanding accountability from those responsible.
Your actions can lead to meaningful change for your family and others who might otherwise face similar tragedies. Justice may not erase your pain, but it can provide a sense of resolution and ensure that your loved one’s death was not in vain. Contact a personal injury lawyer for a free consultation so they can get to work on your behalf.