Products Liability

Were you or a loved one injured by a defective product? Was the product riskier than the reasonable expectations of use for this product? Did this product put the user at risk when being used in a reasonable manner?

These are the definitive questions of any products liability case. For a successful products liability case it is imperative to prove that the client—while using the product in a reasonable manner—sustained an injury that they could not have reasonably foresaw.

Products should be defect-free!

A product manufacturer has an obligation to keep their products free of dangerous defects. There are a few common case types when dealing with products liability:

Design Defects

In the event that a flawed design lead to injury it is important to note safer alternatives that a manufacturer could have employed.

Manufacturing Defects

Probably the most common case type, these incidents are the result of defective manufacture, and it is necessary for the plaintiff to prove that the product is unreasonably dangerous. The plaintiff must also prove that the product came from the manufacturer in such condition and that it had not been altered up until the time of injury.

Failure to Warn

Many times the reason for a case is simply the inadequacy of warning as the potential and extent of risk involved with product use. Warnings must be visible, thorough, and clearly worded. The magnitude of risks must be clearly outlined. Finally, the inclusion of warnings may not absolve a manufacturer of liability if safer design alternatives exists and were willfully ignored.

What is an example of a defective product?

Whether it’s from a flaw in design or manufacturing, or from a lack of safety warnings/labels, a defective product is one that causes harm to an individual due to a disconnect between reasonable safe operation and the actuality. Examples include but are not limited to:

prescription drugs that causes unreasonable bodily damage under normal usage
children’s toys with inappropriate design for the intended demographic
automotive parts that fail due to a manufacturing defect
video games that cause seizures due to flashing lights that occur without warning
food or agricultural products that cause food poisoning or another illness due to contamination and negligence