Product manufacturers have a legal duty to ensure that the products they produce and sell to consumers are safe and will not cause harm. Unfortunately, many product designs are flawed. A defective product is an item that causes consumers injuries while using it as the creator intended them to.
When manufacturers fail to uphold a duty to keep their products safe, consumers have the right to hold them financially accountable. When a product harms you, a skilled personal injury attorney can help. Schedule a meeting with a Wilmington defective products lawyer at Doroshow, Pasquale, Krawitz, and Bhaya to learn more.
The Common Defective Products Leading to Civil Actions
Any product consumers purchase could be defective. However, some of the most common items in faulty merchandise claims include the following:
- Medication and pharmaceutical drugs
- Medical equipment and devices
- Lawn equipment
- Auto parts
- Children’s toys and furniture
- Food products
Any manufacturer selling products must ensure that their merchandise is reasonably safe for consumers. However, when a product is unreasonably dangerous or defective, consumers frequently suffer serious injuries. In these cases, an injured person can file a claim against the responsible party. A seasoned attorney in Wilmington could answer questions on the legal process of faulty product claims during a consultation.
Recovering Damages in Defective Liability Cases
Civil courts will consider many elements when determining a person’s damages after an injury caused by a faulty product. For example, courts will review injury-related expenses, how the harm will affect a victim person in the future, and the extent of a defendant’s negligence. After a plaintiff proves that a defendant’s recklessness caused their injuries, the court will award damages in two primary categories.
Monetary damages include any out-of-pocket expenses a person sustains in personal injury cases. Common types of economic damages consist of healthcare costs, future medical expenses, lost income, and reduced future earning potential.
On the other hand, non-economic damages include any non-monetary losses a person experiences due to their injury. These payments might cover loss of enjoyment of life as well as physical and psychological pain and suffering.
A hardworking and experienced lawyer in Wilmington can investigate a defective merchandise claim and collect the evidence needed to recoup the maximum compensation for an injured victim.
The Statute of Repose in Defective Products Cases
Unfortunately, time limits—known as statutes of limitations—exist for filing defective product claims in Wilmington. Plaintiffs must be aware of these filing deadlines to ensure they have the best chance of financial recovery. The statute of limitations expires two years after the date an individual sustains an injury. Another essential time frame to be aware of is the statute of repose.
According to 10 Delaware Code § 8127, a plaintiff cannot file a flawed product claim more than six years from the date they purchased the item that caused their injury. A knowledgeable attorney could help people adhere to these deadlines and ensure they get the restitution they deserve following a flawed product injury.
Meet With a Tenacious Defective Products Attorney in Wilmington
Civil laws could allow you to collect compensation for your damages if a hazardous product caused harm to you or someone you love. A successful claim could cover medical costs, lost salary, benefits, and pain and suffering.
While laws protect consumers from financial harm when they suffer injuries from a faulty merchandise, navigating the process is challenging for those without a solid understanding of how faulty product laws work. Schedule a meeting with a capable Wilmington defective products lawyer for more information or to begin working on your claim.