As the holiday season approaches, consumers across the country will buy billions of dollars worth of products. When a product is put on the market it is expected to be safe for consumers to use; however, defective or dangerous products are the cause of thousands of injuries every year in the U.S. Consumers have rights under product liability laws to recover compensation for injuries they sustained from a defective product.
Product liability refers to the liability the manufacturer, distributor or retailer has for producing or selling a defective or potentially dangerous product that results in injury or the wrongful death of another. Though there are many types of defective product cases, the claims typically fall into three categories of product liability: (1) manufacturing defects; (2) defective design; or (3) defect in warnings, marketing or instructions concerning the proper use of the product.
Manufacturing Defects in Product Liability
Defects in manufacturing can occur in a variety of scenarios. Over the counter medication that is improperly manufactured with a toxic ingredient, or a faulty medical implant like a hip or knee are all examples of defects in manufacturing. Manufacturing defects generally only affect a limited number of the products sold so products that are dangerous due to a manufacturing defect tend to be the ones that slipped through the cracks.
Defective Design in Product Liability
Product liability cases involving design defects generally focus on the manufacturer's decisions in making a product, especially with respect to decisions regarding a product's safety. Unlike manufacturing defect cases, which focus on errors that a manufacturer made while actually making the product, design defect cases require you to demonstrate that the danger created by its design was unreasonable. There can be many nuances to these types of cases to prove what is reasonable from a variety of different perspectives.
Defects in Warnings or Marketing of Products
Manufacturers are required to warn users of hidden dangers that may be present in a product and they must instruct users how to use a product so that the users can avoid any dangers and use the product safely. A product could be considered dangerous even if there was no design flaw and it was manufactured properly if the manufacturer failed to warn consumers conspicuously and obviously.
Recovering Compensation for Product Liability Cases
Anyone who purchases a product has placed their trust in the manufacturer of that item. They trust that it is safe and that the instructions and warnings are in place to ensure the safety of the user. If a manufacturer has failed to deliver a safe and useful product, they can be responsible to cover the damages you have suffered. At Brandon J. Broderick, Attorney at Law, we have substantial experience fighting for compensation for victims of product liability cases. Contact us today for a free consultation..