Layton Product Liability Lawyer
NOTE: Feller & Wendt, LLC does not handle product liability cases. This page is for informational purposes only. Information found in the article does not constitute formal legal advice and does not create an attorney-client relationship.
Defective or dangerous products of any kind can be extremely harmful and affect thousandsโpossibly even millionsโof people.
If you or a loved one has suffered an injury because of a defective or dangerous product, you may be eligible to file a claim against the company or manufacturer. A skilled Layton product liability lawyer can tell you more about your legal rights and options for compensation.
Types of Product Defects
Multiple types of defects can make a company liable for an injury. The first type is a design defect. If a product has a design defect, it means it had a problem that was present even before the manufacturer began making the product. There was something inherently unsafe in the productโs design and every product made from that design will be defective.
A product can also have a manufacturing defect. A manufacturing defect means the design was satisfactory, but something went wrong with the product during the manufacturing process. This often requires a recall of the defective product.
A marketing defect refers to a flaw in the productโs presentation. Marketing defects could include improper labeling, insufficient instructions, or inadequate safety warnings. For example, if a product was flammable and did not state that on the label, the company could be liable for a burn injury.
Who Is Liable for a Defective Product?
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Unlike some other personal injury cases, there is a range of parties who could be responsible for a defective product injuring someone. The court will determine the responsible party depending on which part of the process went wrong.
Some of the possible responsible parties include:
- The product manufacturer
- The manufacturer of various components of the product
- A group that assembles or installs the product
- The wholesaler
- The retail store that sold the product
For success in a personal injury case, you and your Layton injury attorney must prove the defective product, and therefore the injury, would not have existed had it not been for the negligent party.
Utah’s comparative negligence rule gives the court the ability to decide compensation depending on how much each party was at fault for the injury. For example, if the court determines that you were 30% responsible for the injury from the defective product, it could reduce your compensation by 30%. In Utah, the court can award you some amount in damages as long as you were less than 50% responsible for your injury.
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Compensation for Victims of Defective Products
If you and your Layton product liability lawyer win your case, the court can typically award you two types of damages. The first type is economic losses. Economic losses account for concrete, quantifiable expenses that you had because of the injury or damage. Quantifiable expenses include medical fees, lost wages, cost of disability, or property loss or repair.
The court could also award you non-economic losses. Non-economic losses cover the things that do not have a specific amount attached to them. For example, non-economic losses include pain, suffering, and loss of consortium. The court can order the defendant to compensate you for emotional or mental trauma with non-economic losses.
Contact a Layton Product Liability Attorney for Legal Help
If a defective product injured you in Layton, you deserve fair compensation. An experienced lawyer can help you determine which party is responsible for your injury and who to file a claim against. Contact an experienced Layton product liability attorney to learn more about their services.
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