In today's world of high volume production and mass marketing, there is a tremendous potential for harm when a product or machine is negligently designed, manufactured or distributed. For this and other reasons, the law imposes certain obligations regarding the design, manufacture, and sale of goods. Of course, the product manufacturer will be accountable if an injury occurs because of poor quality control. However, it may also be accountable if the product or machine was improperly designed. There may be liability that arises through warranty. However, the lack of a written warranty does not mean the manufacturer or seller will not be held accountable. Even more importantly, a manufacturer or seller cannot relieve itself of accountability simply by making a written disclaimer.
Successuful product claims frequently require that the attorney have access to the product that resulted in injury. As soon as possible, every effort should be used to "secure" the product so that it can be used in the future as evidence. The product or machine should not be changed or altered in any way. Furthermore, it is extremely important that the "chain of custody" for the product be documented dating from the time of injury.
A qualified attorney should be contacted quickly so that relevant evidence can be preserved, necessary photographs taken, witness statements obtained, and the product evaluated by necessary experts. If you contact Sarvis & Hermann, P.C., we can immediately help you.
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The information found in this web site is for limited general information, ONLY. Specific cases should be evaluated through direct consultation with an attorney. Due to complexities of the law, do not attempt to evaluate your case on your own.