Defective or Dangerous Products

Legal Representation for Those Hurt by Dangerous Products

Manufacturers, as well as any sellers of products, have a responsibility to ensure that the product is safe and will not cause harm to its consumers. When they fail in this responsibility they can be held legally liable for the injuries and damages that arise from the use of the defective product. Manufacturers must also adequately warn consumers about the dangers associated with a product and provide easily understandable instructions for use. Defective products can be almost anything that is manufactured and then sold in stores to consumers. Some of the more well-known examples of defective products include tobacco (failure to adequately warn), tires, pesticides, breast implants, asbestos, dangerous drugs, automobile parts, toys, paints, and chemicals.

Product Liability Laws Protect Consumers

When defective products make their way to the market and into the hands of unsuspecting consumers, serious injuries and illness can result. It is for this very reason that product liability laws were put into effect. Designed to protect consumers that were unjustifiably harmed through their use of a defective / unsafe product, product liability claims are issued in an attempt to secure compensation for those that were caused wrongful suffering.

Defective products can cause specific health issues, such as:

Inherent in defective products are usually some type of manufacturing or design flaw. In some cases, the defect is in the product's warning label, which may have failed to accurately report the possible dangers associated with using it. As such, several different entities exist that can ultimately be held liable for the defects associated with a product liability claim. Manufacturers, suppliers, and retailers are all subject to legal action if it was their actions / inactions that eventually led to the marketing and sale of a product not fit for consumer use.

Types of Product Liability Claims

Several different types of product liability claims exist, all of which can be used to hold the responsible party liable for their actions. The most commonly made product liability claims are for negligence, strict liability and breach of warranty. When any one of the three of these are made, it will be up to your attorney to prove, upon investigation and supply of evidence, that you were wrongfully injured or made ill as a result of your use of the product in question.

The types of product liability claims that can be filed include:

  • Claims of Negligence: If it can be proven that reasonable care was not taken to prevent causing injury or illness to the user of a product, a negligence claim can be made successfully.
  • Claims of Strict Liability: In cases in which all of the necessary precautions were taken and all of the appropriate safety measures were followed, yet injury or illness from use of the product occurred anyway, a strict liability claim is in order.
  • Claims of Breach of Warranty: Injuries caused because a product failed to perform as its manufacturer stated it would are in violation of the product's warranty. This type of claim can also be made when the direct promises made between buyer and seller ultimately go unmet.