When you use a product as it is intended to be used you should never have to worry about it having a negative affect on your health and wellbeing. That is the basis for Product Liability and the law classifies these instances into three different categories.
Design Defects
In some unfortunate instances, a product may be dangerous for use because of a flaw in its design. These defects go undetected either from inadequate testing, or some form of negligence or oversight during the initial product design process. This mistake can lead to serious health threats for individuals who unknowingly used the defective product. For example, some medical equipment used in major surgeries has broken inside individuals forcing them to undergo surgery to have the life threatening product removed.
Manufacturing Defects
Even with a foolproof design, errors made during the production of a product can still render the device life threatening. Low grade materials, chemical contamination and missing components are all possible defects that can occur during the manufacturing process. Some of the most common Manufacturing Defect cases involve cars. One of the largest settlements paid by a corporation involved Toyota. It was discovered that some models of their cars suffered from a gas pedal defect which caused the car to accelerate on its own.
Failure to Warn
Another category for Product Liability, is a failure to properly warn consumers about the possible risks or dangers of a product. Companies must include both warnings and instructions with their products to safeguard consumers from possible issues that may result from improper use. One major example is the requirement for cigarette companies to include numerous warning labels about the possible cancerous effects and the addictive qualities of nicotine on their tobacco products.
How Do You Build a Product Liability Case?
The first step in building a product liability case is demonstrating that not only is the product defective in one or more aspects, but also that that defect is directly responsible for your injury.
The next step in building a Product Liability case is determining who is responsible for the injury that has resulted from the product. Determining responsibility during a Product Liability case can be difficult considering the numerous companies that may be involved in designing, manufacturing and transporting the product and materials, but a product liability lawyer can investigate all avenues and help you determine how to obtain compensation for your injuries.
Those parties who may be held responsible for your injuries include:
- Product Manufacturer. Generally speaking, the manufacturing company of the product is often at least partially liable for injuries suffered from defective products.
- Parts Manufacturer. More complex products are often comprised of parts from many different manufacturing companies. If that is the case then compensation can be obtained from one or more of these companies if it is proven that their part is at fault.
- Product Seller. If it is determined that the retailer of the product was aware of a possible defect or that they are in some way responsible for the defect, they too can be held liable for any resulting injuries.
