Consumers have a reasonable expectation that products they buy and use will not cause them injury or death, or contain defects which put them at risk for such injuries. However, every year thousands of products are recalled by manufacturers due to their realization of potential injury, because of federal mandates requiring a recall, or unfortunately because people have been injured or killed.
Companies are responsible for creating, manufacturing, and distributing products that are safe for public use. Defective products are dangerous and lead to numerous injuries and even deaths. There are different ways a defective product can cause injuries:
Defective products can be created by a flaw in their original design. If a product is not designed for its intended use it can pose a risk and danger to persons who buy and use it. The designer of the product can be held liable for injuries or deaths resulting from these defects. An example could be a chair not adequately designed for the weights allowed by the product labeling, or a ladder designed with inadequate load carrying capability.
Defects can occur during manufacturing of any product. This can occur by faulty manufacturing equipment, compromises in design once it reaches a factory, use of improper raw materials, or employee negligence during the manufacturing process. Regardless of the reason, a manufacturer can be held liable for injuries or deaths resulting from manufacturing defects.
Marketing products without adequate markings or warnings of potential risks associated with a product, known as failure to warn, is a cause for legal liability. Even if a person uses a product incorrectly or in a way not intended for its use, a liability lawsuit may be possible if the incorrect use was reasonably expected to happen and the consumer was not warned against doing so.
Getting compensation for a product defect can be difficult because it must be proven that the defect caused an injury or death, not the actions of the victim. Dino Law can assist you in the complicated research needed for a product liability lawsuit if you or a loved one have been affected. Contact us today for a consultation.