Much in the same way that pharmaceutical drug companies have a responsibility to users to ensure that their drugs are safe, product manufacturers must ensure the safety of their goods.
An injury sustained while using a product in its intended way is the responsibility of the product manufacturer. Any damages caused, either to a person or their property, by a defective product can constitute a product liability case.
Types of Product Defects
There are several types of products that can cause harm. Some examples of product defects include:
- Airbag Defect
- Defective Seatbelt
- Tire Tread Separation
- Children’s toys
- Medical Devices
- Motor vehicles (SUV Rollover)
- Machinery
Elements of a Product Defect Case
To successfully pursue a product liability claim, you must be able to demonstrate several key elements. First, the product in question must be considered either “defective” and/or “unreasonably dangerous.” If a product has a design or manufacturing flaw that poses an unreasonable risk of danger to the consumer it will generally meet this standard. Products may also contain marketing defects (meaning the consumer was inadequately warned about the dangers of the product on the label or in advertisements) that would qualify them as “unreasonably dangerous.”
Even if a product is considered defective or unreasonably dangerous, there can be no compensation unless the consumer or individual using the product sustains personal injury. Defective products can cause a variety of physical injuries, such as burns, lacerations, brain injury, spinal cord injury and wrongful death.
Assuming you can demonstrate injury, the last step is to prove that the defective product, in fact, caused the injury. Causation can sometimes be difficult to establish, as manufacturers and other parties in the chain of commerce may attempt to contest the link between the injury and the product or argue that a third party was at fault.
Product Defect Lawyer
If you are considering filing a defective product lawsuit, it is important to seek an experienced product defect lawyer that is familiar with your states laws.
