Experienced Delaware Products Liability Lawyer in Middletown, DE
NO FEE UNLESS WE WIN
$ millions
recovered For our clients
Product Liability Cases Are Complex
Middletown is a beautiful part of the state located in New Castle County. Situated south of Wilmington, it was founded in 1861 and was originally known as “The Head of the Bohemia.” Middletown has a population of approximately 23,000 people and covers an area of about 13 square miles. It is one of the fastest-growing areas in Delaware and has seen significant population growth over the past decade.
With this kind of growth over the years, more and more residents of Middletown are becoming accident victims suffering personal injury from car accidents, medical malpractice, pedestrian accidents, and product defects. This requires medical treatment, the need to deal with insurance companies, and legal resources. Personal injury claims are emotional and traumatic and only a Middletown products liability lawyer can help you collect money for you through product liability litigation or recover compensation in a settlement.
At Schmittinger & Rodriguez, our Delaware product liability lawyers understand the complexities involved in product liability and defective product cases. Product liability is the area of law that holds manufacturers, distributors, suppliers, retailers, and others responsible for placing dangerous products into the hands of consumers. A dangerous or defective product can arise due to design flaws, manufacturing errors, or inadequate warning labels. Our team has experience dealing with cases involving defective auto parts, medical devices/implants, pharmaceutical drugs, children’s toys, and other hazardous consumer products.
Having an experienced product liability lawyer on your side will ensure your product liability lawsuit is thoroughly analyzed and you receive the maximum compensation possible. We have decades of experience obtaining favorable outcomes for clients who have suffered injuries due to a faulty product. Whether you were injured in an auto accident caused by a defective brake or experienced complications from a medical device, our product liability attorneys will fight for your rights and make sure you get the compensation you deserve.
What Is Personal Injury Law In Delaware?
Personal injury law in Delaware covers a wide range of incidents that lead to injuries that are the result of the negligence, recklessness, or intentional actions of others. The concept of negligence is at the core of every personal injury case:
What is Negligence?
In Delaware, negligence is defined as a failure to exercise reasonable care that results in harm or injury to another person. To prove negligence, the person filing a case, known as the plaintiff, must establish four elements:
Duty: The defendant owed a duty of care to the plaintiff. This means that the defendant had a legal obligation to act with reasonable care to avoid causing harm to others.
Breach: The defendant breached their duty of care. This means that the defendant failed to act with reasonable care and, as a result, exposed the plaintiff to an unreasonable risk of harm.
Causation: The defendant’s breach of duty caused the plaintiff’s injuries. This means that the plaintiff’s injuries would not have occurred if not for the defendant’s actions or inactions.
Damages: The plaintiff suffered damages as a result of the defendant’s breach of duty. This means that the plaintiff experienced physical, emotional, or financial harm due to the defendant’s actions or inactions.
In Delaware, negligence can be based on either an act of commission (doing something that a reasonable person would not do) or an act of omission (failing to do something that a reasonable person would do).
Additionally, Delaware follows a comparative negligence system, which means that the plaintiff’s recovery may be reduced in proportion to their percentage of fault for the accident or incident that caused their injuries.
Contact Schmittinger & Rodriguez
If you have been injured due to someone else’s negligence, don’t hesitate to contact Schmittinger & Rodriguez. Our experienced attorneys will provide you with the legal counsel and representation that you need to get the best possible outcome for your case. Contact us today for a free consultation – YOUR CASE. OUR PRIORITY.
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Understanding Your Rights After A Product Liability Injury
If you or a loved one has been injured as a result of a defective product, it is important to understand your legal rights. A product liability accident often leads to serious injury and Delaware residents who have suffered personal injury deserve compensation and are entitled to file product liability lawsuits.
After suffering a product liability accident where you have suffered injuries, you may have the right to pursue compensation for medical bills, lost wages, or pain and suffering. Depending on the circumstances of your case, you may also be entitled to punitive damages and/or compensatory damages.
A product liability lawyer at Schmittinger & Rodriguez will work with you every step of the way to ensure that your rights are respected and that you receive full compensation for any damages from the property owner responsible for your accident. We are committed to helping our clients get back on their feet as quickly as possible after an accident.
Product Liability Law In Delaware
Product liability law in Delaware is a legal framework that holds manufacturers, distributors, and sellers of products accountable for injuries and damages caused by their defective products. This law is aimed at protecting consumers from harm caused by unsafe products, and it covers a wide range of industries, including the automotive, pharmaceutical, medical device, and food industries. In Delaware, product liability cases can be based on three types of defects: design defects, manufacturing defects, and marketing defects.
Design defects: A design defect is a flaw in the product’s design that makes it inherently dangerous or defective and unreasonably dangerous regardless of how carefully it was manufactured. If it is an unsafe product, an injured consumer who suffers injury or death is entitled to recovering compensation.
Manufacturing defects: A manufacturing defect occurs when an error in the manufacturing process causes the product to become dangerous or defective, even if the design is safe. Faulty construction entitles a victim to bring an action against the product manufacturer.
Marketing defects: Marketing defects, also known as “failure to warn,” occur when the product is safe when used as intended, but the manufacturer fails to provide adequate warning or instructions for safe use.
The statute of limitations for product liability claims in Delaware is two (2) years from the date of injury, which means that a person who has been injured by a defective product must file a lawsuit within two years of the date of their injury. If the case is successful, the injured person may be able to recover damages, including medical expenses, lost wages, pain and suffering, and in some cases, punitive damages.
To prove a product liability case, the burden of proof is on the plaintiff, who must prove that the product was defective, that the defect caused their injury, and that the product was being used as intended. It is important for anyone who has been injured by a defective product in Delaware to seek medical attention immediately, preserve the product and any relevant documentation, and contact a product liability lawyer as soon as possible to discuss their legal options.
Examples Of Defective Products
Defective products can cause serious injuries or even death to consumers. There are various types of defective products, and identifying them is essential to hold the responsible parties accountable. Here are some examples of defective products:
Defective vehicles: Vehicles that have faulty parts, such as defective brakes or defective airbags, can cause severe injuries or even death in accidents. Examples include cars, trucks, motorcycles, and boats.
Defective medical devices: Medical devices, such as pacemakers, implants, and surgical instruments, can malfunction and cause severe injuries or infections to patients.
Defective pharmaceutical drugs: Defective drugs can have harmful side effects, cause adverse reactions, or fail to work as intended.
Defective toys: Toys that contain small parts or pose choking hazards can be dangerous to children. Additionally, toys that are made with toxic materials can cause poisoning or other health problems.
Defective household appliances: Household appliances, such as stoves, ovens, and heaters, can cause fires or electrocution if they have faulty wiring or other defects.
Defective machinery: Machinery used in the workplace, such as construction equipment or industrial machines, can cause severe injuries if they have faulty parts or lack proper safety features.
Defective consumer products: Various consumer products, such as power tools, electronics, and furniture, can be defective and cause injuries to users.
Clothing with defects that can cause injury
Food contaminated by bacteria or other toxins
It’s crucial to note that these are just a few examples of defective products, and there are many other types of products that can be dangerous to consumers. If you have been injured by a defective product, a Delaware product liability attorney can help you determine who is responsible and how to seek compensation for your injuries.
Injuries In A Product Liability Case In Delaware
Injuries in a product liability case in Middletown, Delaware can range from minor to severe and can have long-term consequences on the victim’s health and well-being. Here are some injuries that can occur in a product liability case:
Physical injuries: Physical injuries are the most common injuries that occur in a product liability case. Examples include cuts, bruises, broken bones, burns, and amputations. These injuries can require medical treatment, surgery, and long-term rehabilitation.
Internal injuries: Defective products can also cause internal injuries, such as organ damage, internal bleeding, or brain injuries. These injuries may not be immediately apparent and can require extensive medical treatment.
Illnesses: Defective products can cause illnesses due to exposure to toxic materials or chemicals. Examples include poisoning from contaminated food or water, exposure to asbestos, or exposure to toxic fumes.
Emotional injuries: In addition to physical injuries, defective products can also cause emotional injuries, such as post-traumatic stress disorder (PTSD), anxiety, and depression. These injuries can impact the victim’s quality of life and may require psychological treatment.
Wrongful death: In the most severe cases, a defective product can cause the victim’s death. In these cases, the victim’s family may be entitled to compensation for their loss.
It’s important to note that the injuries that occur in a product liability case can have significant financial, physical, and emotional impacts on the victim and their family. If you have been injured by a defective product, it’s crucial to seek medical attention immediately and contact a Delaware product liability attorney to help you understand your legal rights and options for seeking compensation for your injuries.
Who Is Liable In A Delaware Product Liability Case?
Product liability cases in Delaware can be complex and challenging for lawyers to navigate. Understanding who is liable for injuries or damages caused by a defective product is crucial for ensuring that the right parties are held accountable. Here are some key points to keep in mind:
Manufacturers: The manufacturer of a product can be held liable for injuries or damages caused by a defective product. This includes not only the company that produced the product but also any component manufacturers, designers, or distributors involved in the product’s creation.
Retailers: Retailers who sell defective products can also be held liable in Delaware. This can include anyone in the supply chain who sells the product to consumers, including wholesalers, distributors, and retailers.
Negligence: In some cases, a party’s negligence may be a contributing factor to a product defect. This could include failure to properly maintain the product or failure to adequately warn consumers about potential dangers associated with the product.
Strict liability: Delaware follows a strict liability standard for product liability cases. This means that a plaintiff does not need to prove negligence on the part of the defendant. Instead, the plaintiff must show that the product was defective and that the defect caused their injuries or damages.
Defenses: Defendants in product liability cases may raise various defenses to avoid liability, including claims that the plaintiff’s actions caused or contributed to their injuries, that the plaintiff misused the product, or that the product was not defective.
Navigating product liability cases in Delaware requires a thorough understanding of the state’s laws and the specific circumstances surrounding the case. An experienced attorney can help clients identify the liable parties, build a strong case, and fight for the compensation they deserve.
What You Should Do If Injured By A Defective Product
If you have been injured by a defective product, it can be a challenging and frustrating experience. It’s essential to know what steps you should take to protect your health and legal rights. Here are some things to consider:
- Seek medical attention: Your health and well-being should be your top priority. Seek medical attention as soon as possible, even if your injuries seem minor. Some injuries may not show symptoms immediately, so it's essential to get checked out by a medical professional.
- Preserve evidence: Keep the defective product and any packaging or instructions that came with it. Take pictures of your injuries and the product itself, if possible. Write down any details you remember about how the injury occurred.
- Contact an attorney: A Delaware product liability attorney can help you determine if you have a case against the manufacturer, distributor, or seller of the defective product. They can help you understand your legal rights and the potential damages you may be entitled to.
- Don't speak to the manufacturer or their representatives: It's crucial not to speak with the manufacturer or their representatives without your attorney present. Anything you say to them could be used against you later in your case.
- Keep all records: Keep records of all medical treatment and expenses related to your injury. Also, keep track of any lost wages or other financial losses you have experienced as a result of your injury.
- File a claim: Your attorney can help you file a claim against the responsible party. It's important to do so within the statute of limitations, which is the timeframe in which you can legally file a claim.
- Don't settle too quickly: The responsible party may try to offer you a settlement early in the process. Don't accept it without consulting your attorney first. You may be entitled to more compensation than they are offering.
- Follow your attorney's advice:Your attorney is there to help you through the legal process. Follow their advice and guidance throughout your case.
In conclusion, being injured by a defective product can be a challenging experience. However, taking the right steps can help protect your health and legal rights. Seek medical attention, preserve evidence, contact an attorney, don’t speak to the manufacturer or their representatives, keep all records, file a claim, don’t settle too quickly, and follow your attorney’s advice. A Delaware product liability attorney can help you understand your legal rights and options and can assist you in pursuing compensation for your injuries.
What Will A Personal Injury Attorney Do For Me?
If you are a resident of Dover, DE, or for that matter anywhere in the state, and you have been injured due to someone else’s negligence or intentional act, you may wonder whether you need to hire a personal injury lawyer. Here are some of the ways that personal injury lawyers can assist you:
- Investigate your case: A personal injury lawyer can investigate your case and gather evidence to determine who is responsible for your injuries. This may involve interviewing witnesses, reviewing police reports and medical records, and consulting with experts in various fields.
- Assess your damages: A personal injury lawyer can help you calculate the damages you have suffered as a result of your injury, including medical expenses, lost wages, pain and suffering, and future medical needs.
- Negotiate with insurance companies: Insurance companies are notorious for trying to pay out as little as possible on personal injury claims. Your personal injury lawyers can negotiate with the insurance company on your behalf to ensure that you receive fair compensation for your injuries.
- Represent you in court: If your case goes to court, a personal injury lawyer can represent you and argue your case before a judge and jury. They will present evidence and testimony to support your claim and fight for your rights as a victim.
- Provide legal advice and guidance: A personal injury lawyer can provide you with legal advice and guidance throughout the entire process, from filing your claim to negotiating a settlement or going to court. They can answer your questions and help you make informed decisions about your case.
The bottom line is a serious injury claim is a serious matter. You need time to recover. What you don’t need is emotional energy spent on medical bills and the legal issues that need to be resolved. This is the job of you Delaware personal injury lawyers, here in Dover, DE, Kent County, and throughout the state.
Why Schmittinger & Rodriguez Is Right For You
At Schmittinger & Rodriguez, we understand how difficult and stressful it can be to deal with a products liability case, especially if you are dealing with serious injuries and mounting medical bills. Our team has decades of combined experience handling product liability cases, and we know how to effectively deal with insurance companies to ensure that our clients get the compensation they deserve.
We will work diligently to ensure that the negligent party is held accountable for their actions by:
Investigating all details of the incident
Examining property records or other relevant evidence
Obtaining all available insurance coverage documents from the defendant
Building a strong case through evidence gathered
We also have a deep understanding of Delaware law, local laws, and all the legal issues, and will provide dedicated legal representation throughout your case. Our experienced attorneys are committed to providing you with personalized attention and will fight hard to get you the best possible outcome for your case. If you or someone you love has been injured by a defective or dangerous product, contact Schmittinger & Rodriguez today so that we can help you obtain justice and fair compensation for your losses.
