Suing for wrongful death of any kind can be an exacting, overwhelming process.
Whenever you buy something, you usually assume that it’s safe to use. This is the case until something else happens.
Product defects are not new since commerce boomed years ago. They often range from inconvenient to serious. The worst cases usually involve someone getting injured or dying due to the defect.
Regardless of the circumstances, product defects are rightfully the subject of litigation.
If you lost someone due to a defective product, you have the right to file a wrongful death case against a liable party. For that, you need to establish product liability. This refers to an individual or entity’s level of fault when a defective product ends up in circulation for consumers to buy.
Families who have lost their loved ones due to defective products can hold an assumed at-fault party liable and seek compensation for the damages sustained. However, such a charge is tricky to prove if you don’t know how to argue for it in the first place.
Here are the three things you need to know about wrongful death due to defective devices.
- Common Causes Of Wrongful Death By Product Defects
Wrongful death cases on the ground of product liability can happen due to:
- Design defects: These occur when the product was unsafe from the beginning because of the design and would remain so despite a safe manufacturing process.
- Manufacturing defects: These happen when a problem that arises during the making of a product goes unfixed.
- Marketing defects: These happen when products are misleadingly presented to consumers. This may come in the form of a lack of safety warnings or adequate instructions for proper use, resulting in accidents and death in extreme cases.
Figuring out which one is the cause of death can help you build a stronger case. Working with skilled wrongful death lawyers is key to this. They can thoroughly investigate the circumstances surrounding the incident to help pinpoint on which grounds you can press charges and aid you in building an argument from there.
- Who Can Be Held Liable
Because of the nature of the incident, an aggrieved party can hold many people and entities liable in a wrongful death by product defect case. These include:
- The product manufacturer
- The manufacturer of any parts of the product in question
- The party responsible for the product assembly
- The wholesaler of the product involved
- The retailer marketed and sold the product to the consumer
The extent of liability of any of these parties may depend on the specific facts of your case. Proving that will also be a challenge. Of course, you can expect the accused parties to put up their defense. This makes seeking legal assistance the logical first step.
Only by establishing the accused parties’ liability can you receive compensation for damages. These can cover medical expenses incurred by the deceased before their death, lost income, and satisfaction for the harm caused to the household’s mental and emotional well-being.
- Legal Theories For A Wrongful Death Case
If you lose someone due to a product defect, you may use several legal theories upon which you can base your wrongful death case for recovery for damages. These include:
- Negligence: Under this theory, the defendant/defendants can be held accountable for wrongful death if it was proved that they failed to exercise the proper standard of care, causing a fatal accident and death. The plaintiff must demonstrate that the defendant’s negligence was the proximate cause of the wrongful death and resulting damages.
- Strict liability: This states that the defendant/defendants can be held accountable for someone else’s wrongful death due to a defective product, regardless of how much they knew about it. This applies to the manufacturer, wholesaler, retailer, and other parties responsible for what happened.
- Breach of warranty: Here, the defendant can be held responsible for product misrepresentation. If the defective product is advertised to the consumer in a way that leads to their unwitting usage or consumption and death, the liability on the part of the defendant attaches.
Depending on the unique circumstances of your case, you can apply any of these legal theories to strengthen your case and improve your odds of getting a more favorable outcome.
Receive The Compensation You Deserve
Suing for wrongful death of any kind can be an exacting, overwhelming process. If you plan to file one anytime soon, the information above should help you know your prospects for seeking compensation. Turn to professionals to help you navigate the proceedings well and obtain the support you deserve in these trying times.
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