What is it?
Consumers use products throughout the course of their lives, at home, at work and otherwise, and have a reasonable expectation that these products are safe and not a threat to cause serious injury or death. When manufacturers and sellers fail to meet these basic expectations, they must compensate users for injuries caused by products that are defective or unreasonably dangerous.A typical product liability case requires a tremendous commitment of time and financial resources. From the technical analysis of the product to the qualifications of the experts that are retained, we believe that case preparation means everything when it comes to achieving a successful outcome.
Products Liability: FAQs
Question: Is the manufacturer always responsible for injuries caused by products?
Answer: No. The manufacturer, distributor, or seller of a product is only liable for damages if the product is defective or unreasonably dangerous. An experienced products liability or personal injury attorney can help determine whether a valid claim exists and can provide information and representation throughout the entire legal process.
Question: What are some typical examples of product liability cases?
Answer: A person at work injured by a machine with inadequate protection surrounding moving parts; a person injured when a ladder collapses due to defective material; or a person injured from medication that was not properly tested before it was sold to the public.
Question: Is there a difference between a manufacturing defect and a design defect?
Answer: Yes, and manufacturing defects are usually easier to prove than design defects. For example, if a gas barbecue grill explodes when lit for the first time, there is little doubt that the grill was defective.
But proving a design defect involves passing judgment on technical choices and usually requires expert testimony. In a design-defect case, the product may have been manufactured as it was intended to be, but the design was inadequately planned in such a way as to pose unreasonable hazards to consumers.
Question: What are manufacturers’ responsibilities on product warnings?
Answer: Manufacturers must warn consumers of a product’s potential dangers and instruct users on necessary precautions. Warnings must be posted conspicuously enough to get the attention of a reasonable person, and must clearly explain the nature and seriousness of any possible risks.
Question: What makes a product unsafe?
Answer: Generally, a product is “unsafe” if it presents an unreasonable risk of injury to the user. A product can be unsafe and defective because of faulty design, such as an ineffective safety helmet or malfunctioning seatbelt. A product can also be unsafe because of defects in its manufacture or construction. Also, a product can be made unsafe when the purchaser makes alterations to the product.
Question: Can an individual really win a product liability case against a large corporation and its team of lawyers?
Answer: Yes. While it normally takes a substantial investment of time and resources, many people have done just that. In fact, countless products have been made safer as a result of design changes that would not have occurred without product liability cases brought by individuals.
Common Product Liability Categories
Aviation – Injuries and deaths caused by aviation disasters (airplanes, helicopters) are often the result of defective or malfunctioning products within the aircraft.
Apparel – Cases often relate to flammability, the presence of irritants in the fabric, or defective construction. All manner of apparel may be involved, including standard pants or shirts, holiday costumes and protective hats.
Chemicals and cosmetics – Plaintiffs may seek damages if household chemicals and personal-care cosmetics are defective and cause injuries. Plaintiffs must prove that the manufacturer or seller knew or should have known about the dangerous defects in their products.
Machinery and tools – Manufacturers or sellers may be liable for injuries caused by machinery and tools if those injuries result from a product defect or a failure to provide adequate warnings. Defendants in these cases even have a duty to warn against misuse of their products if they could have reasonably foreseen that such misuse would occur.
Motor vehicles – Motor vehicle manufacturers must use reasonable care in designing and building their products to ensure the safety of occupants of the vehicle as well as other individuals. An automobile is expected to maintain a certain “crashworthiness” in scenarios that are foreseeable to the manufacturer.
Pharmaceuticals – Drug manufacturers must be in compliance with Food and Drug Administration (FDA) standards for the manufacture, marketing, and sale of their products. But even if a product is in compliance with FDA guidelines, a defendant may still be liable if a product proves otherwise defective. Courts have ruled that drug manufacturers have a duty to warn about possible side effects.
Other potential areas for product liability lawsuits:
- Agriculture equipment defects
- Airbag injuries
- Automotive restraint failures
- Axle failures
- Boat accidents
- Child restraint defects
- Commercial vehicle collisions
- Construction site injuries
- Crossbow injuries
- Electrical injuries
- Gas pipeline explosions
- General aviation aircraft/helicopters
- Industrial equipment defects
- Industrial plant injuries
- Personal watercraft defects
- Seatback failures
- Tire defects
- Vehicle rollovers