Risk and Product Liability Law
Some products are risky in their very nature. A product liability claim can be filed if a product proves to be defective in a way that injures you. One of the things about the consumer marketplace, however, is that it is full of products that are inherently risky and that product liability law firms may not be able to help you when certain types of products cause injuries.
Examples
A good example of a product that is inherently risky is a firearm. A firearm can function exactly as intended and still end up taking a life. Product liability law hinges on a product not performing as it was designed to due to some flaw. It can also have been manufactured in a way that made it defective or been advertised in a way that did not give good information about how it was to be used. Because firearms are specifically designed to perform a rather hazardous task, suing over injury or death over a properly functioning firearm is not an option. However, if you were out shooting in the firearm failed in an unexpected way and caused an injury, you may then be able to file a defective product lawsuit.
Another good example would be a chainsaw. Chainsaws come with warnings all over them telling you that you have to use eye protection and protective clothing when you're operating these devices. This is because chainsaws are inherently dangerous when used as directed. Something being dangerous, however, is much different than something being defective. If you were using the chainsaw and the bar broke causing a serious laceration, you may be able to file a defective products lawsuit. If the saw jumped while you were cutting wood and caused injury, it would be hard to argue that it was the manufacturer's fault as it would be more a case of you not exercising the proper technique with the device.
Talking to an Attorney
The only way to really know for sure whether or not you have a product liability lawsuit on your hands is to speak with an attorney who understands this area of law. It can be a very tricky type of litigation, so you'll want to make sure you speak with an attorney who has experience. People are hurt, killed and have their property destroyed every year by defective products, so it's worth it to see if you do have a claim against the manufacturer of any product that ended up causing you injury.
RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)