Injured Parties Need to Allege Defective Design vs. Manufacturing Error in the Product

The unfortunate current Trek bike recall and the anticipated future recalls for the same or similar quick-release levers by bike manufacturers, Trek and others, suggests that the initial design or manufacture of the product could have been defective. This could give rise to product liability lawsuits. This could result in liability for the designers and manufacturers and compensation for the victims.

Product liability cases arise because a dangerous and/or defective product harms someone or causes damage to property. Such a product could be anything at all. It could range from motor vehicles, to household or “small” appliances to medical equipment or industrial goods used to manufacture other things. Bicycles are considered products. If the bicycle, or “product” at issue, causes an injury to a person or damage to someone’s property, there is a potential “product liability” claim. There is potential liability on the part of a designer or manufacturer and a potential claim for damages by the injured person or owner of the damaged property.

“Product liability” litigation is similar to the other, more common, kinds of personal injury damages cases. Simply put, the potentially injured party or property owner must offer proof that she, he or the property in question has suffered damage. They must also offer proof of the fact that there has been fault by one or more of the manufacturers and/or designers. They must finally offer proof that this fault of one or more of the defendant designer/manufacturers caused the damages in question. People who allege that they were injured by an allegedly defectively designed or manufactured product have to prove that its design or manufacture created an unreasonable danger. They must also prove that the alleged defect actually caused the injury or damages at issue.

Call us at Carabin Shaw. We will fight to get you the compensation you deserve. Call 800-862-1260.

“Failure to warn” of any potential dangers posed by a product, including its possible ease of user error, can cause a legally actionable product defect. These are things which it is difficult to prove without an experienced products liability lawyer on your side.

In some ways similar to a defective design claim, a defect claim involving manufacture argues that the bicycle which caused the damages is defective due to an error made while making it. This does not claim defective design. To win these claims, you must prove that there was a mistake made while manufacturing the product. You must also offer proof that this “mistake” caused the injuries complained of and what those injuries actually are. These claims do not involve the original product design.

These cases are by nature complex. They usually involve expert witnesses to testify about the mistakes in either design or manufacture. The defendant/manufacturer will have its own expert witnesses to testify that nothing was wrong with the product in question. It takes an experienced attorney to cross examine the defense witnesses and defend your witnesses’ testimony. Our legal team has such experience and expertise. We know or can easily find the right witnesses to testify on your behalf. We have the resources to fund such testimony for the right cases. You need someone like us on your side.

Call us at Carabin Shaw. We will fight to get you the compensation you deserve. Call 800-862-1260.