Defective Products

What is a “Products Liability” Claim?

“Products liability” claims can be based on many different things – however, they are most often based upon negligence, strict liability, or breach of warranty of fitness (meaning that the product did not perform the way it was intended to perform). Most of the time, products liability is considered a strict liability offense.  This means that the plaintiff only has to prove that there is a defect in the product and you or a loved one were injured as a result of the defect.  If the injury occurs as a result of the defect, the manufacturer of the product that caused the damage is considered to be 100% responsible regardless of any degree of carefulness on their part.  Any example of a products liability claim would be the claims made against Firestone for the tires they manufactured which were defective and caused rollovers in vehicles like Ford Explorers.  In those types of cases, the defective product would be the Firestone tire and the damage would be whatever injuries the defective tires caused.

What is a Product Defect?

There are three types of product defects that can incur liability for manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing. Design defects are inherent defects that exist before the product is manufactured (an example would be a poorly designed infant car seat – that was manufactured to specifications, but the specifications were poor or below what is required to protect the child in an accident). Manufacturing defects occur during the construction or production of the product (think Firestone tire) and defects in marketing involve improper instructions for safe use or operation of the product and/or failures to warn consumers of latent dangers in the product.

Who can be held liable for a claim?

A lot of people know that the manufacturer would be held liable for damages and injuries caused by a defective product. But, most people don’t know that in many states sellers of the product (including everyone between the manufacturer and reseller, such as wholesalers and distributors) may also be liable for the damages even if they didn’t know of or cause the defect.  However, many states have “innocent seller” laws which protect sellers of defective products (as long as the seller did not know of the defect when he sold the product or alter the product in any way prior to sale).  The laws in product liability cases are very complex and it is very important to choose an experienced products liability attorney to handle any claim you might have against a manufacturer or seller of a defective product.

What if I am injured by a product that was made in a foreign country?

Once a product that is wholly or partly manufactured in a foreign country is sold in the United States, anyone involved with the manufacture or sale of the product becomes subject to the laws of the U.S. so, it is possible to sue the foreign company for damages caused by the defective product.  Depending on what country the product was manufactured in, this could be very difficult.  For example, in cases where homes were built using defective Chinese drywall, some companies (based in Germany) stepped forward and took responsibility for the repair and replacement of the defective product.  Some companies from other countries (China) refused to take responsibility and have forced the injured parties to spend enormous amounts of money and time (traveling to China) to enforce their claims.

Should I hire a Products Liability Attorney?

Buyers, users, and even bystanders can potentially sue for damages or injuries caused by defects in goods purchased because a manufacturer can be held liable if the product in question has a defective condition that makes it unreasonably dangerous to the user or consumer. If you’ve been injured or become ill due to a product defect, contact a qualified products liability lawyer right away who can help to protect your legal rights and fight for the compensation to which you may be entitled.