What is the basis for product liability?
While the laws applicable to defective product cases varies from state to state, there are three legal theories common to all jurisdictions which may form the basis of a successful product liability case:
- Manufacturing defect. In such cases the injury was caused as a result of defect in the manufacture of the product. An example would be a bicycle which was built with a small crack in the frame, which breaks when used, causing an injury to the rider.
- Design defect. In these cases the injury was caused by a poor design (even though there may be no defect in the individual product itself). An common example would be a piece of industrial machinery which was built without a proper safety or protection devices, and as a result a worker is injured as result while using the machine.
- Failure to warn, or "inadequate warning". These cases refer to injuries caused as a result of a product known to be potentially dangerous which was sold without a proper warning to the consumer. An example would be an over the counter drug sold without a warning of the hazards of use with certain other drugs, or excessive consumption, or possible side effects from its use.
If you or a family member has been injured because of what you believe is a product defect, you should consult an attorney familiar with product liability / defective product cases at the earliest opportunity to protect you right of recovery.
What is meant by the term "defective product"?
A "defective product" is one that causes some injury or damage to person as a result of a person because of some defect in the product or its labeling or the way the product was used. The manufacturer, and others involved in the chain of commerce involving the products that caused the injury, are often liable for injuries defective products cause.
All states allow some form of recovery to persons injured by "defective products". "Product liability" cases run from the obvious (a car sold without operational brakes, a mislabeled product that causes injury) to the not-so obvious (injury from exposure to tobacco, or harmful side effects from an improperly tested drug).
What are the requirements of a successful claim for a product defect?
Again, this will vary with the state in which you live. Generally, product defect cases are based on strict liability, rather than negligence. This means that it is not necessary to prove "fault" on the part of the defendant, but to be successful your attorney must prove:
- the product was "unreasonably dangerous" or "defective";
- you were injured from use of the defective product; and
- the injury was caused by the defect in the product.
Many states require that to win it is necessary to prove both that the product was defective, and that it was also "unreasonably dangerous", which means that the product was dangerous to an extent beyond that which would be contemplated by an ordinary consumer.
The law recognizes that many products are dangerous, and that consumers should know that the product is dangerous when they purchase it (for example, guns, knives, power tools, etc.). However, if a consumer uses a defective product in a manner that an "ordinary consumer" would (even if it is not the intended use of the product), and is injured as a result, then a valid case may exist.
All jurisdictions require a connection between the product defect and the injury. You may not have a case if you are injured by a defective product if the injury was not caused by the defect. This is an argument you should expect if you pursue a product defect case. Many product liability cases turn on a "battle of experts", where both plaintiff and defendant use expert testimony to establish or deny a link between an alleged defect and an injury. An experienced attorney can advise you about the potential success of your case, and how the manufacturer and other defendants are likely to try to get out of liability.
(Adapted from www.FreeAdvice.com)
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