Property Damage Caused by Defective Products
The personal injury attorneys at Silverman, McDonald & Friedman have been proudly representing the people of Delaware for decades. If you or a loved one suffered injury in an accident that wasn’t your fault, we can help you seek compensation. We serve clients in and around Newark, Seaford and Wilmington.
The basics of product liability law provide a way for victims to seek compensation for losses and injuries experienced due to a defective or dangerous product. If a company, manufacturer or distributor puts a dangerous product on the market and consumers are harmed as a result, they must be held accountable for injuries and damage that occur.
In strict liability states like Delaware, the manufacturer or seller of a product can be held liable for injuries if:
- The product contains a dangerous defect
- That defect causes an injury to a reasonably foreseen user of the product
However, there are some cases where a consumer may need to make a product liability claim against a manufacturer, even if they weren’t physically injured.
When a defective product damages your property
You can’t recover for damages in a product compensation claim if you haven’t suffered any type of loss. A manufacturer or seller is only liable for damages if the defective product in question is dangerous and causes injury to the consumer or user. This assumes that the user was not under the influence of alcohol or drugs and was operating or handling the product for its intended usage.
Sometimes a dangerous product may not physically harm you, but harm your property instead. In cases like these, Delaware product liability law still applies. For example, perhaps you purchased a new coffeemaker. Unaware that the power plug was defective, you plugged in your new appliance and set a timer for the coffeemaker to turn on in the morning. When the coffeepot turned on the next day, the plug short-circuited, blew and started a small fire in the electrical outlet.
Nobody was hurt, but there was a good amount of damage to your kitchen. If it turned out that the appliance was indeed defective, you’d be eligible for a product liability case to cover not only the cost of the coffeemaker, but also to compensate you for the cost of repairing your kitchen as well as replacing all of the damaged items.
Do note, however, that it’s unlikely you can claim damages like pain and suffering in these types of cases – but an experienced attorney can answer all of your questions.
At Silverman, McDonald & Friedman, our product liability and injury lawyers work for you when you’re injured by a defective product. We fight for your right to compensation for all your losses and damages. Let us help you today. Contact us at one of our Newark, Seaford or Wilmington offices. Call 302-888-2900 or fill out our contact form.
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Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.