Sunday, January 29, 2017

When Defective Products Cause Wrongful Death


Defective products are common in small numbers, but these items do not usually cause wide-spread damage or lead to severe injury. In most situations, a defective item just does not work or cannot perform as originally intended.



However, there are many incidents caused by certain objected purchased from a distributor or retail store that had them shipped from the manufacturer that created or designed the defective product. It is these events that may be the most catastrophic, as the purchased object or material is what caused the death of the person involved.

Even though there are frequently a certain amount of defective parts per each batch or permitted at a manufacturing factory, it is the responsibility of the company or industry to ensure these defective parts or materials are not the cause of severe injury or death. The failure in this duty opens the company up to liability and litigation with insurance companies and legal representation. When certain safety procedures are not followed or implemented, it is possible to prove negligence against these businesses. When the worst possible outcome occurs in the death of a customer or client from these defective products, the remaining loved ones of this person may file a wrongful death suit for damages.

Injuries through Defective Products

It is not expected to purchase a product and become injured through its use. However, some items when used as intended or directed do cause harm to those that buy them. These may be simple appliances such as toasters, blenders, loan mowers and similar household purchases, or these incidents may be caused by large and heavy duty expenses that include cars, medical gear required for daily living and sporting goods. It is believed these items would be safe for typical use, and there is no thought about the need for safety when using these objects as originally directed by the manufacturer.

When certain items have been purchased and taken home, they may cause fear that injuries may be sustained just by keeping them in the house. The trauma of these situations may lead to greater consequences. However, the worse fear and trauma caused by an incident is when a person has been killed while using a defective product. There are many situations that involve a wrongful death when using these objects. If an automotive part has been purchased as defective, it may include tires that malfunction, brakes that don’t work and other pieces of the vehicle that may cause further damage. Many electronic purchases could cause burns, deep gashes and scars from these wounds. Sporting and medical gear may not work as intended and only cause injury when used per the directions. Industrial machinery could cause multiple accidents and death very easily when defective materials cause malfunctioning parts. Various recalls of children’s items have been initiated due to harm to these little persons.

Wrongful Death Suits Filed

There are a number of products that may cause injury to the extent that someone dies. These are often seen in the greater purchase of vehicles and industrial equipment, but even household items with sharp blades lead to grievous damage. It is when those harmed die due to wounds sustained that the remaining family may file a suit for wrongful death against the responsible party. Because of the statute of limitations placed on personal injuries of these types, it is imperative to contact a lawyer to ensure everything is filed on time and that these timeframes are understood based on the state the death occurred in so there are fewer complications with the case.

There are many types of damages that may be recovered when someone’s loved one dies in this manner. These may include all procedures and processes that accrued expenses prior to the passing of the individual. Any lost income the person may have earned could be recovered. Negligence and the duty of care owed to the person that purchased the item may provide compensation to the surviving spouse or children of the deceased. Other monetary compensation may also be provided based on other factors of the claim. It is also possible that punitive damages may be awarded based on extreme negligence or similar actions taken by the manufacturing or distributing company. These are penalties used on the defendant as a punishment.

Wrongful Death Legal Action

It is possible that a wrongful death suit includes multiple parties, and more than one entity is responsible. Including other factors such as punitive action, numerous possible dependents of the deceased and statutes of limitations, it is essential to obtain a lawyer in ensuring everything is processed correctly and with as few complications as possible in these trying cases.

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