Warren County Product Liability Lawyers

We all have expectations when we buy a product, and it’s fair to say those expectations do not include getting injured due to its use. When this happens, you have the basis for at least looking into a product liability lawsuit. These legal actions present a distinct challenge–you have to know who you’re suing, and you have to know how to prove that they’re liable. 

The experienced product liability attorneys at Galligan & Newman have worked for over 40 years on behalf of the people of Warren, White, Van Buren, Grundy, Putnam, and DeKalb Counties. We want to help you next. Call us at (931) 473-8405 or reach out here online. 

Your lawyer has to start by identifying the target of your lawsuit. Is it the company that manufactured the product or the store that distributed it? Did the defective product contribute to a wrongful death? Or perhaps the source of the problem goes even further back and into the design phase, which might have been done by a different firm entirely. An experienced product liability attorney will understand how to take on the investigation and what questions have to be asked. 

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    “We were kept informed about everything that was happening with our case, and the positive outcome of the case was literally life-changing for us.”
    Susie T.
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    “I'm forever grateful to have had them on my side.”
    Mike T.
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What Constitutes Product Liability? 

Once a defendant has been established, you must then set about the task of proving that the product was unreasonably dangerous. This is a definition that is somewhat in the eye of the beholder–the judge and jury that hear your case. It is generally understood that it means the product is more dangerous than a reasonable person would have expected or that a reasonable company would not have released the product in the first place. 

For example, if you purchase a chainsaw and suffer a severe laceration in your hand, the circumstances of your accident will decide whether the product itself was unreasonably dangerous. On the one hand, a court will expect that the user of the chainsaw undertakes appropriate precautions with a product generally understood to be potentially dangerous. On the other hand, if the chainsaw had a faulty safety throttle, that would not be something the reasonable user is expected to anticipate. 

Product defects can come about at three different stages–a failure of design, a failure of manufacturing and a failure of marketing. A design problem means the product was fatally flawed from the very beginning. The manufacturing problem points to an issue with assembly. These cases are typically defined by a “bad batch”.

A failure of marketing typically involves a problem with the warning label. A household cleaning fluid that may be toxic needs to have a warning label indicating such. Medication must warn people of its side effects. It is not expected that manufacturers will anticipate every possible negative outcome that might happen as a result of their product. But it is appropriate to expect manufacturers to have some level of foresight into risks that might accompany reasonable use of their product. 

Knowing you have a case is one thing. Proving it is another. A Warren County product liability attorney from Galligan & Newman can help. Give us a call at (931) 473-8405 or contact us online and let’s talk. 

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