In cases involving inadequate warnings, the presumption is that if the adequate warning had been given, the consumer would have read and heeded the warning. This presumption can only be rebutted with evidence that the consumer had some personal characteristic that would have caused the consumer not to heed any warning, even if an adequate warning had been provided. Manufacturers are required to make safe products - safe cars, toys, drugs, and machines. When manufacturers breach this duty, they must compensate victims with monetary damages. Product liability law requires imagination, perseverance and substantial resources.
Cases involving defective products are frequently a battle of experts.
Securing the assistance and testimony of qualified experts can be one of the most difficult, expensive and important tasks in preparing and presenting a product defect case. When considering hiring an attorney to represent you in a product defect case, it is important to question whether that attorney has ready access to the best experts in the field. Also, it is important to question whether the attorney is willing to advance reasonable expenses for an investigation of your case. To protect the legal rights of someone who has been injured by a defective product, it is wise to consult an experienced personal injury law firm as soon as possible. Within the first week, important physical evidence can be lost and witnesses may forget important details.