Defective Product Claims: Examples of Serious Injuries and Cases
It seems like every day there is a new defective product being returned from the shelf. As fewer companies take their time making quality and safe products, more are involved in lawsuits. A great defective product attorney is the best way to protect a company or individual from unexpected and unwanted injury. As there have been great hit and miss cases throughout history, these litigations require serious professionals capable of handling the workload. There have been many examples of serious injuries and cases throughout time, from England to the US.
Winterbottom v. Wright – 1842
A file featuring the Winterbottom v Wright case from 1842 detailed a complaint in which the plaintiff, Winterbottom was contracted to work in a mail coach for the Post Master General. While working, Winterbottom was injured when the coach collapsed.
So, he sued his boss, the defendant Wright. The defendant denied responsibility as it was the Post Master General’s mail coach, not a personal form of transportation.
Wright believed he had no fault to the injury and was completely unaware of the defect from the beginning. Unfortunately for the plaintiff the outcome was not in his favor.
The court found that Winterbottom had no right to sue. As Winterbottom was a private and independent employee, Wright was protected and no settlement was reached. If the plaintiff had a proper defective product lawyer from today, the outcome could have been drastically different.
MacPherson v. Buick Motor Co – 1910
MacPherson v. Buick Motor Co was an interesting case within the New York state, United States courts. The plaintiff, MacPherson was injured by a 1910 Buick Runabout.
He stated that a wooden wheel collapsed on him and Buick, the company, owes damage as they allowed a defective product to be sold. The Buick Motor Company, the defendant, disagreed stating that they were not responsible because a middle man had separated the two from one another.
The car dealership that sold MacPherson’s car, according to Buick, should have noticed any defective parts or pieces and the car manufacturer was not responsible. Unfortunately for Buick, MacPherson won this one.
As there was no expectation of danger to the owner and there was a high possibility of losing life or limb, the courts sided with the Plaintiff. This case is proof that great defective product attorneys can be of great assistance.
Escola v. Coca-Cola Bottling Co – 1944
Another great example of using quality representation includes the Escola v. Coca-Cola Bottling Co. case in 1944. This was an unfortunate product liability incident where Escola was injured at work.
As a waitress, Escola grabbed a bottle of coke that, without warning, exploded in her hand. The glass from the bottle caused a 5 inch cut in her hand and extensive damage to muscles and nerves. Her story was also backed up by a Coca-Cola employee who also agreed that bottles had, in the past, exploded without warning.
As Escola properly handled the bottle and the bottle exploded without merit, she won the case and Coca-Cola was held responsible.
Why A Lawyer Is Essential
These defective product attorneys can either represent the individual or the company itself. More companies should consider hiring proper representation to avoid such costly litigation. Individuals should also be aware that these professionals are available to defend their rights as a consumer as well.
From toys to food, if the product was defective and caused damages, it might be worth a lawsuit. A proper legal professional would be able to fully explain the process of addressing the court or company directly.
These cases bring up a fundamental question regarding liability laws. Many companies fear more responsibility being held on the company. They believe the more responsibility, the less likely the companies will stay in business, due to higher cost.
Unfortunately these arguments do not hold merit, as proven throughout time. The laws currently in place protect consumers from poor quality work. Not only that, there are great benefits to the longer time frames for manufacturing and the liability laws restricting production.
Even if the business doesn’t want to increase their safety standards, there are now serious strict liability laws they must abide by. There are great positive aspects to the liability, though.
The higher quality product, the less likely the company will ever have to go to court. The most expensive cost a company could ever have to pay would be a high profile lawsuit. As no one wants to be sued, making high quality products and providing genuine customer service can alleviate many of the lawsuits initiated by consumers using aggressive defective product injury lawyers.
These strict liability laws force companies to fully test and prepare products prior to selling to the general public. This also increases the time in which companies can explain to consumers all warnings and possible safety concerns.
Most products now must pass strong quality control so cases like these will not continue to happen. In fear of being sued, more businesses are producing stronger and better quality products. In the end, not only does it increase quality, it builds product trust within consumer communities.