1.Products Liability FAQ
A Product Liabiliy lawsuit involves an injury caused by a defective product – one that is not reasonably safe for its intended use.
An intended use of a product includes all those uses a reasonably prudent person might make of the product, bearing in mind its characteristics, warnings and labels. Defective or dangerous products can include a toy with lead pain, a table saw with an inadequate guard, a defective tire causing a blowout, or medication that is harmful or contains inadequate warnings, or hip and knee replacement joints.
Companies can be held liable for injuries caused by defective or dangerous products when being utilized during the product's intended use. Companies sued in product liability cases include the manufacturer of the defective product, the wholesaler or distributor of the product and often the retailer of the product.
There are three kinds of product liability cases:
In practical terms this means the manufacturer has a duty to "design out" dangers inherent in the product. If the defect cannot be designed out, the manufacturer has to guard against such hazards or it must warn and instruct users of dangers inherent in the product.
Tips if you have been injured by a dangerous product:
The U.S. Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products. You can find information on over 4,500 product recalls and recall alerts using the various searches on the USPSC Website.