Tree Stand Defect Attorney | Hunting Stand Defects Injury Lawsuit
Hunting injuries are not uncommon, but hunters do not expect to die or suffer serious injuries from using their hunting stand. However certain makes and manufacturers of these products have recalled their products because of defective designs which pose dangerous hazard to hunters. Hunters who use these stands to suspend 15 feet or more from a tree have suffered serious injuries.
Reports of death from strangulation to broken bones have been made. If you or a loved one have been injured from the use of a hunting tree stand, speak to one of our defective product personal injury lawyers.
What makes these products defective?
Hunting tree stands can be defective for a number of reasons. This can include improper or low quality metals, defective components or other faulty mechanisms. Generally a product is considered defective if it has a design defect, manufacturers defect or inadequate label issue.
A design defect applies more to the general design principles. If a product was defectively design it the manufacturer is held liable. Examples of a defectively designed product include those that fail to consider certain foreseeable uses of the product. Products are defectively designed when the overall design of the product lacks certain necessary qualities to make it safe. In such instances the product would be considered defectively designed.
Manufacturer defects occur when a specific model of the product is defective at the time of manufacturing. If the product left the assembly line floor in a defective condition, then a manufacturing defect would apply. Unlike design defects manufacturing defects do not apply to all models made. Rather, they can apply only to the specific product responsible for causing injuries.
Label defects occur when the manufacturer fails to warn of the proper use of the product. When a manufacturer fails to warn of foreseeable uses of the product and injury results, they will be held liable. Warning defects can include inadequate instructions or training with regards to the use of the product. Determining which of the following theories should apply requires analysis of the case. If there has been an injury speak to our attorneys at Downtown L.A. Law for a free consultation.
Who is liable for my injuries?
Tree stand manufacturers, distributes, and sellers can be held liable for a defective product resulting in injuries.
Any commercial seller is considered liable for the sale and subsequent injuries caused by a defective product. What this means is that any party including the manufacturer, retailer, wholesaler and distributor can be liable. It is required that the product not be altered or modified from its original manufacturing condition in order for all parties to be liable. Additionally it is not always required that you be in “privity” with the seller of the product.
Privity essentially means that you do not need to be the original purchaser in order to be held liable. Thus, if you purchase hunting stand from a 3rd party i.e. a friend, and the product is defective you still have a case. Another example would be if you received the item as a gift and it is defective then you will still have a case. It is not necessary that you be the original purchaser of the product in order to bring a claim for your injuries.
Should I return the product?
With regards to defective products never return the product until you speak with a professional. Often times having the item will allow you to strengthen your case. That is why you should not return the product immediately. This evidence can be critical to your case.
If you have been injured from the use of any of these products remember to keep all information relating the sale. This includes receipts, boxes, instruction manuals and any other information. Downtown L.A. Law product liability lawyers dealing with hunting tree stand defects can assist you in your case. If you have been injured reach out to us for a free consultation.