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:
- A design defect (the product was manufactured as intended but it was inherently unsafe),
- A manufacturing defect (the design of the product was adequate but this particular product was not made correctly), and
- A failure to warn or instruct (the instructions for and warnings about use of the product were inadequate).
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:
- Save or retain the product and any documents or packaging that accompanied it.
- Identify as much information about the product as possible including the name of the manufacturer, model name and number, place and date of purchase and serial number.
- Store it in a safe place and do not modify or change it.
- Obtain the name, address and telephone number of any witnesses.
- Do not discuss the case with anyone and do not give any written or recorded statements about it.
- See help from an experience personal injury attorney that handles products liability cases.
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.
For a free consultation and case evaluation, Contact Us, or click Accident Questionnaire Form.
1.Products Liability FAQ