An area of law known as “products liability” allows consumers to seek compensation from manufacturers and sellers of faulty products. Both federal and state law governs the safety of products that are placed into the stream of commerce for consumption. When a product is unreasonably dangerous, the manufacturer, distributor, or seller of that product can be held liable for injuries that it causes. Some legal theories include negligence, strict liability, and breach of warranty.
There are different types of defects upon which a product's liability claim can be made. A design defect is one where the manufacturer does not design a product in a way that is safe for its intended use, even though there is a safer way to design the product in order to avoid a foreseeable danger to consumers. The design itself is negligent; a plaintiff may bring a claim based on a design defect if he or she can show that the design was unreasonably dangerous, and, in some cases, that there was an alternative design available that would have made the product safer.
A marketing defect is one where the manufacturer fails to warn consumers about a dangerous condition of the product or fails to give proper instructions on the use of the product. Many products are safe when used in the correct manner, but can become dangerous if used improperly; it is the manufacturer’s duty to warn consumers about the hidden dangers of a product and provide sufficient instructions on how to use the product.
A manufacturing defect is one where the product is poorly manufactured, despite a safe design. Such a defect can be caused by poor quality control or using bad materials.
Some products are so dangerous that they are just unreasonable to have around. Those are the products where the dangers and risks of injury outweigh the benefits.
The types of products that are often dangerous and have created products liability litigation include automobiles and tires, children’s toys and furniture, pharmaceuticals and medical devices, power tools, and elevators. You can read further about products that have been known to injure consumers in the defective products section of this website.
When a dangerous product causes death or injury to a consumer, a lawsuit may be filed against the manufacturer. If you have been injured by a defective product, you could obtain compensation from the manufacturer or seller of the product. You should keep the product that caused you harm in order to ensure that experts can identify what is wrong with the product. Like in any injury claim, preserving evidence is imperative to building your case.
If you or a loved one has been injured by a defective product, the attorneys at The Davis Injury Firm can help you identify whether you have a products liability claim. Call (404) 647-0722 to speak to an attorney today.