Hurt By A Product? What To Know

When it comes to injuries, it can be especially impactful to be hurt by an everyday item. Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for damages caused by their products. There are many different types of product liability issues that can arise, but some common examples include: 

Design defects: A design defect occurs when a product is inherently dangerous due to its design. For example, a car with a design defect that causes it to roll over easily may be considered defective and dangerous. Another example might be continuous positive airway pressure (CPAP) devices that were improperly designed allowing the wearer to breathe in tiny particles of foam. 

Manufacturing defects: A manufacturing defect occurs when a product is designed correctly but is manufactured improperly, resulting in a dangerous or defective product. For example, a toy that is supposed to be non-toxic but is contaminated with harmful chemicals during the manufacturing process would be considered defective and dangerous. Also, pressure cookers, now known as instant pots, may have a defect that allows the lid to be removed before the appliance has depressurized. 

Marketing defects: Marketing defects refer to inadequate or misleading instructions or warnings about the use of a product. For example, a medication that does not include proper warnings about potential side effects could be considered dangerous due to marketing defects.

Failure to warn: Manufacturers and sellers have a responsibility to provide adequate warnings about potential hazards associated with their products. If a product is dangerous and the manufacturer or seller fails to provide sufficient warnings, they may be liable for injuries that result from the product's use. Commonly, for example, drugs approved by the Federal Drug Administration (FDA) must include all known side effects. If that side effect is not mentioned, that is a failure to warn. 

Breach of warranty: A breach of warranty occurs when a product fails to meet the expectations of its warranty. For example, if a manufacturer advertises a product as being "indestructible" but it breaks easily, they may be liable for breach of warranty if a consumer is injured as a result.

These are just a few examples of product liability issues that can arise. Product liability laws vary by state and can be complex, so it's important to consult with a personal injury attorney if you have been injured or suffered damages due to a defective or dangerous product.

To find out more, contact personal injury law services