Consumers tend to take the safety of the products that they use for granted. After all, it’s exceedingly rare to be injured–or worse–by a defective product. Still, whether through negligence or not, mistakes sometimes occur. When a defective product causes harm to someone, the manufacturer must be held accountable not only so that the victim can receive compensation but so that others aren’t hurt by the same problem. Learn about product liability cases, including examples of defective products, by reading on below.
Product Liability Cases: The Basics
Product liability cases are lawsuits most commonly brought against the manufacturer of a defective product that caused injury to someone. For a product liability case to have merit, you must be able to prove that a defect in the design of the product is directly to blame for your injury. A case like this may also be brought when a product has no actual defects, but the manufacturer fails to provide adequate instructions for its safe use.
Types of Product Liability Cases
Product liability law is very complicated. That’s largely because products span such a dizzying array of categories. In fact, many attorneys specialize in specific types of product liability cases. For example, many lawyers specialize in pharmaceutical product liability, as this area of law is very complex and specific. When looking for an attorney to represent you in your case, make sure to hire one who has ample amounts of experience handling cases that are similar to yours.
Product liability falls into three broad categories:
- Defective Manufacture – In this type of case, some sort of glitch occurs during the manufacturing process, and the specific product that you bought is defective. In other words, the product that you ended up with is different from the others on the shelf; the design of the product itself isn’t inherently dangerous. To prove this type of case, you must show that the defect in the product directly caused your injury. An example of this might be a motorcycle that was manufactured without brake pads. If you crash because you couldn’t stop due to the missing pads, you most likely have a viable defective manufacture case.
- Defective Design – In this type of case, the design of the product is inherently defective or dangerous. Therefore, the entire line of products is affected. A great example would be the Firestone tires that would shred on the road, causing accidents that killed more than 100 motorists. The design of the tire itself was faulty, so all of the tires had to be recalled. As with defective manufacture cases, you must be able to show that the defective aspect of the product directly caused your injury.
- Failure to Warn – In this type of case, the manufacturer fails to properly warn or instruct consumers about the safe use of a product. Such cases involve products that are dangerous in some way that isn’t readily apparent. As long as appropriate instructions are provided, there’s not a liability case. However, if the manufacturer fails to provide instructions or warnings, there is a case. A prime example of this would be a medication that causes very dangerous side effects when used along with a commonly used drug, and the manufacturer fails to notify consumers in the labeling.
A few additional examples of defective products that are commonly cited in such cases include:
- Pharmaceuticals – Medication must conform to FDA regulations, and the manufacturer is required by law to describe common side effects in detail. This doesn’t always happen.
- Apparel – Example of issues that may prompt someone to file a product liability lawsuit regarding apparel include pajamas that are described as being fire resistant but that easily catch on fire or pants with a hidden foreign object in a seam that cuts or otherwise hurts the wearer.
- Food – If a consumer becomes ill from consuming food and can prove that the manufacturer broke a law–for example, by not adhering to sanitary standards–they may be able to bring a product liability lawsuit against the manufacturer.
Protect Your Rights By Hiring a Product Liability Attorney
If you have been injured due to a defective product, the only way to get the compensation that you deserve is by filing a lawsuit against the manufacturer. If you win your case, you may be compensated for current and future medical expenses, lost wages and even pain and suffering. Additionally, filing a lawsuit helps to protect others who may also be injured by the same defect. Protect your rights and the health and safety of others by hiring an experienced product liability lawyer at David & Philpot, P.L. today. We have recovered millions of dollars for our clients in product liability disputes and are here to help you with your case. Contact us today at 800.360.7015.