A potential products liability claim occurs when a defective or dangerous product (a consumer product, automobile, industrial machinery, etc.) causes a serious traumatic brain injury (TBI).
You may be able to sue an equipment manufacturer or a product manufacturer if you are injured while using a product that malfunctions, is unsafely designed, or is unsafe because the manufacturer failed to give proper instructions or warnings for using the product. If you can show that a product defect existed when the product left the manufacturer, then you are entitled to compensation for injuries caused by the defective product.
Many times, TBI victims blame themselves for their injuries. “I should have known better than to do that.” But an incident that causes a traumatic brain injury is often not the fault of the victim. The manufacturers of consumer and industrial equipment know that people are required to use these products in real world conditions. People make mistakes, and when they make them around defective products, people get seriously injured.
Manufacturers are well aware of the risks of injury and the injury statistics of defective products. Manufacturers know that people will be permanently injured if safety devices are not provided. The National Safety Council estimates that between 10 and 15 percent of all industrial accidents are caused by improperly designed equipment. It is not a secret that some equipment manufacturers are more concerned with profits than they are with safety.
The law requires that safety is designed into production systems so that consumers will not be exposed to serious and permanent injuries from defective products.