Injury victims who ask the question, “Do I need a product liability lawyer in Memphis?” will find answers to frequently asked questions right here. Torts, or personal injury case law, can be very complicated, and more often than not, victims who are injured by a defective product finds themselves up against huge corporate interests with virtually unlimited resources.

It is in such plaintiffs’ best interests to have an experienced product liability lawyer to represent them and give them the best chance of securing fair compensation for their injuries.

How Does Product Liability Law Work?

When an injury lawsuit is brought against a company and an allegedly defective product is the cause of action, the burden of proof is on the plaintiff. The injured party must prove one or more of three things:

• The product in question was more dangerous than expected or advertised
• A manufacturer would not have marketed the product had the danger been known
• The product’s hazards were a direct result of manufacturing or design defects

If a product liability lawyer determines that, based on the facts of the case, the manufacturer is “strictly liable” for the plaintiff’s injuries, there is no need to prove that the defendant was negligent.

All that matters is that the product left the factory in a defective state, which resulted in the injury. If strict liability does not apply, it is still possible to bring a lawsuit if it can be proven that the defendant was negligent or reckless when it involved design or manufacture of the product in question.

What Types of Defects Are Grounds for Legal Action?

Defects that are the cause of action in product liability lawsuits fall into one of three broad categories:

• Design defects: This occurs when the product is still on the drawing boards. Even if the product in question was manufactured perfectly to design specifications, it could still pose a hazard. Examples of this include numerous medical devices that were manufactured based on designs previously approved by the FDA under 510(k) Premarket Notification, specifically hip and knee prostheses.
• Manufacturing defect: the design of the product is sound, but something goes wrong on the assembly line, and the finished product does not meet original design standards or specifications, thus resulting in a device that is dangerous to use.
• Labeling defect: the product in question may have been designed properly and manufactured to all specifications, but the manufacturer misrepresents the product’s safety, or fails to warn or advise consumers of possible hazards associated with using it.

What Else Should I Be Aware Of?

Product liability cases can be more complicated if the device or product that caused the injury was modified in some way after it left the factory, or was only one component of the product in question. In such cases, it may be necessary to track down the manufacturer of the component or whoever performed the modifications in question.

You should also realize that few product liability cases actually go to trial. Before that happens, both parties make concerted efforts to reach a settlement – indeed, most injury cases are settled out of court, and this is considered to be the best resolution.