As more and more new products, medical treatments, and consumer goods are rushed into our marketplace, the risk of injury resulting from defective products increases. According to the US Consumer Product Safety Commission, the injuries, deaths, and associated property damage from defective products cost over $500 billion each year.
Consumers should expect that products will be made in a manner that makes them safe to use, and that appropriate warnings regarding misuse of a product will be adequately labeled. However, many manufacturers take shortcuts during production that bypass or minimize safety standards. Unfortunately, improvements in the safety of a product are often only implemented after numerous injuries or deaths have occurred.
Product liability claims are usually based on:
- Defective product design
- Defective manufacturing
- Negligence or failure to warn
Design defects occur before a product was manufactured, creating liability for the designer. Most claims, however, are against the manufacturer and based upon strict liability. Strict liability means that if a product is used in the way it was intended and according to the directions, then the consumer should not be injured. All parties involved in the manufacturing of a product may be held liable for injuries or damage caused by a defective product. This includes a product part manufacturer, wholesaler, and even the retail storeowner.
A claim may exist based upon a manufacturer’s negligence to instruct consumers of the proper use of their product and/or warn against hazards of its misuse. A liability claim may succeed even when products were used incorrectly by the consumer, especially if the misuse was foreseeable by the manufacturer .
There are many complexities to investigate and elements of a product liability case to explore. Our experienced team of lawyers is ready to help you understand your legal rights, protect your interests, and get you the compensation you deserve.