The manufacturer is always keen to market their products on the marketplace for profit stability. While this happens, some manufacturers use such opportunities to sell defective products.
Manufacturers can be held liable for injuries caused by their products or services. Understanding how to file a claim against any defective marketing would ensure you get the best out of your claim.
If you have been injured after using a product by relying on defective marketing, you may consider speaking with attorneys and law firms in Wasilla Ak to help you file your claim.
Duty To Warn
Not everyone is concerned with how such products enter the market but such becomes an issue when the products cause injuries to consumers.
The manufacturer has a duty to warn consumers about any defects in their products. But when they market a defective product knowingly, then liability steps in. The defective product may include written words or instructions which may be misleading. In some cases, oral information is given before or after a sale.
The law requires that a manufacturer or any other service provider sell a safe product containing the correct information, whether written or oral to consumers. In most cases, the defendant is aware that they are marketing a defective product or a product that misleads customers.
If a defective product has harmed you, you have a right to file a product liability claim. The liability can fall on:
- The manufacturer
- Product label designers
There are many parties involved to ensure a product is marketed properly
To apply negligence to any of the above parties, you have to prove that:
- The product was unreasonably dangerous.
- The defendant failed to give a warning about the defective product.
- The defendant knew that the product was defective but went ahead to release such in the marketplace.
- The defendant never recalled the product even after learning of its risk to consumers. Once a manufacturer knows of a defective product, it should be recalled from the market. It’s worth noting that a recall doesn’t always amount to liability.
Have You Been Harmed By A Product Due To Defective Marketing
If you have been harmed by a product that was deceptively marketed, negligence may apply. As such, you need a lawyer who understands product liability to evaluate your case and determine how you were harmed. Where such a product harms a large group of people, they may choose to file a class action lawsuit. There are many ways to hold the manufacturer liable for marketing defective products. That’s why as a plaintiff, you have the responsibility to prove the elements of your case.
You need to prove that the product was defective and the manufacturer or any other service provider went ahead to market the product.
The law requires that every product marketed be safe. In case of injuries, all the parties responsible in the distribution chain should be held liable for damages suffered by consumers. This may include manufacturer, to the person who printed labels for the defective products among others.
Product liability claims require someone who understands the law related to such claims. I would be in your best interest to choose to be represented by an experienced product liability lawyer.