Business owners are expected to design products in such a manner that ensures that these products are safe for the consumer. However, there are cases where product manufacturers fail to test products adequately and this can lead to injuries n possibly a wrongful death case. If a product has a defect that leads to the death of a customer, a loved one of the customer can then sue the manufacturer for damages.
How Wrongful Death Lawsuits Work
Wrongful death lawsuits are used to bring compensation to loved ones for the loss of a companion and to also act as a deterrent for businesses that otherwise are not careful regarding the design of their products. While most wrongful death cases have the plaintiff as a family member, with others, the estate executor is the plaintiff. The executor then begins the lawsuit on behalf of the heirs.
Proving The Product Was Defective
To receive compensation for the death of a loved one over a product that was defective, you will need to prove first that the product was defective. Then, you will need to prove that the defect existed at the time that the manufacturer was still in control of the state of the product.
There are no specific rules regarding what causes a product to be considered defective. Having a defect is something that is decided by each individual jury. Defects are divided into manufacturing defects and design defects. A manufacturing defect is referred to as a defect that is based on how a product is made and not the design of the product. For example, if the manufacturer does not follow the blueprints for manufacturing the product, this would be the fault of the manufacturer.
Other defects are design defects. These are when a product had design flaws that lead to a wrongful death. For instance, a device may not cool properly as a result of design flaw and may overheat. This could create a fire that would lead to the death of a loved one.
Duty Of Care
As a loved one, you will need to prove that there was a duty of care. By having made the product, it will be clear that the manufacturer or designer had this responsibility. There must also be a breach of duty of care and this must have directly caused the death. If all of this is true, you should then contact a wrongful death attorney who can help you seek the compensation you deserve.