Product Defects Liability
Every year thousands of injuries and deaths are caused by consumers’ innocent use of defective or unsafe products, ranging from household appliances and devices, to tools and machines used at home and at work, to motor vehicles, to medical products used in health care. Many of these product liability injuries could be avoided if those who design, manufacture, and sell consumer products would take basic and appropriate safeguards to assure the user’s safety.
Unreasonably Dangerous Products
Under the law, the manufacturer or seller of a product may be responsible for injuries if its product causes injury, and the product is found to be “unreasonably dangerous.” Sometimes a product is “unreasonably dangerous,” because its design did not incorporate appropriate and available safety features. Historical examples of such “design defects” include cars that did not have proper seat belts and power saws that did not have proper guards. Many times we see that these products have already injured other users before our own accident occurred. Occasionally, we see that manufacturers go so far as to sell products even when they know that the product’s design poses an unreasonable risk of injury. Sometimes a product is designed with appropriate safety features but is assembled or manufactured so poorly that it causes an injury. Examples might include a tire that is manufactured with an air bubble between the plies or a bicycle sold with the front wheel bolt loose. With the advent of so many products being made and assembled in foreign countries, there will likely be more “manufacturing defect” claims than ever before. Occasionally, liability arises from the fact that a manufacturer fails to warn or instruct about a danger known to them but not obvious to the user. A classic example is the case of the above- ground swimming pool. Many consumers thought it was safe to perform a “shallow” dive into four feet of water, but the manufacturers knew better; they knew the physics — such a dive could not be done safely on a consistent basis. Today, a prominent “no diving” warning must accompany these products. If a product can be safely used only when the consumer is warned about its dangerous characteristics, the manufacturer needs to make those characteristics clear.
Products that we have seen harm people include factory machines that are not properly guarded, household appliances that are not properly insulated, ladders that are not secure, guns that fire unexpectedly, and construction equipment that is not properly labeled for safe use. Motor vehicle defects of many types have been observed. In some circumstances foods, drugs, medical devices, implants, and vaccines can give rise to product liability claims. The list is endless.
If you were harmed while using a product, call and talk with us about what occurred. We are interested. There is no charge for our initial consultation. If you have a serious injury, and the case appears to have merit, we will undertake a more detailed investigation. Let us put our experience to work for you.