Every year in the Unites States, thousands of products are recalled because of inadequate performance, poor design and inferior quality. Consumers put their trust in product manufacturers to create safe, high quality products that work as intended. Mistakes do happen, so if a product manufacturer does introduce a poorly designed product into the marketplace, it must be accountable.
If the product, such as a retail item, does not perform as advertised, the manufacturer should repair or replace the product. If the item has caused harm to the consumer, such as a faulty medical device or a harmful drug, then the manufacturer can be held legally responsible for the injury as well as associated medical expenses and non-monetary damages such as pain and suffering.
If you or someone you love has suffered an injury because of a dangerous or defective product, your family may be entitled to compensation. Talk to a product liability attorney in your area to learn more about filing a defective products claim.
Holding the Manufacturer Accountable
Product liability law in each state governs the liability of manufacturers, distributors, wholesalers and vendors for injuries caused by dangerous or defective products. The goal of product liability law is to protect consumers from dangerous products. These laws also seek to hold the at-fault party responsible for introducing products into the marketplace that were known (or should have been known) to be dangerous.
There are three primary theories that can be used to prove a defective products claim:
Defective design: this type of claim cites a mistake or oversight in the design of a product, making the product dangerous when used as intended. Defective design may also come into play if the product is used for another “reasonably foreseeable” purpose, but not for misuse of the product.
Defective manufacturing: this claim alleges that the defect was a direct result of the manufacturing process, in which the product was created.
Marketing defects: this claim cites problems with the advertising, labeling information or instructions. Failure to warn of a side effect or risk, incomplete labels, misleading advertisements or confusing instructions can cause a consumer to become injured by a product.
Click here to find an experienced product liability attorney in your area.