Products sold in the United States are supposed to be safe and reliable. It’s the manufacturer’s, designer’s, and retailer’s job to ensure a product’s safety before it is put in the public’s hands. Unfortunately, consumers are frequently injured by defective products. When this happens, a product liability claim can be filed to see compensation for the injured person’s losses.
It’s vital to understand the most common examples of defective products and what your legal options are if an injury occurs. Always speak to a product liability attorney if you think a product defect led to an injury or the death of your loved one.
What Is A Defective Product?
Product manufacturers, designers, and distributors sell countless products to make money but cannot market unsafe products. All entities manufacturing and selling products in the United States must meet state and federal guidelines, standards, and laws.
Many industrial and regulatory agencies nationwide set standards for product safety and functionality. State and federal legislative bodies pass laws that give injured parties legal options when injured by defective products.
How Can A Product Be Defective?
Product liability laws outline every product manufacturer’s legal responsibilities and duties. They establish standards of proof that must be satisfied to prove that a defective product injured someone. Law also establishes what the injured person or their family can recover when someone suffers an injury or is killed by a defective product. In most states, product liability is assessed in these ways:
- Design defect: The product design involved a defect that caused an injury or death. For example, an SUV design might make the vehicle more likely to roll over than others.
- Manufacturing defect: The product was safely designed, but the manufacturing process contained a defect. For instance, an assembly line mistake can produce a product without a vital safety component.
- Labeling or marketing defect: The product had missing or misleading working on the packaging, instructions, or labeling that led to a product injury. An example is a drug that does not disclose all potential side effects.
- Inadequate warning: The manufacturer knew the product was dangerous but didn’t sufficiently warn of the risk.
Three Types Of Defective Product Cases
There are several product liability claims, and your attorney will select one or more for your case. The different kinds of product liability claims are:
Negligence
Many product liability claims are based on negligence. This means that you allege that the manufacturer was negligent in the design or production of the product. You also allege that the party had negligent practices during manufacture if there was a manufacturing defect.
In the most extreme case of negligence, manufacture, or design, such as when a death occurred, your product liability lawyer will have various experts available to prove the case. Your personal injury attorney may recommend the negligence angle and other claims.
Strict Liability
Many defective product claims involve strict liability, meaning the other party is liable if you show proof that the product had a defect. Intent doesn’t matter, and you don’t have to show negligence. It also doesn’t matter if the product maker used a lot of care in designing or manufacturing the product. If the product injured you, the plaintiff is liable. If the product has a design defect, the court can use a test for risk-utility or a consumer expectation test to understand if the plaintiff is liable.
A risk-utility test may show that the manufacturer isn’t liable for a design defect if product utility outweighs the risk or harm. For example, with a circular saw, if a company made a saw that lacked a safety guard, it would probably fail this test. The product’s utility without a safety guard probably doesn’t outweigh the risk of not having a safety guard.
A consumer expectation test may also be used in a defective design claim. The court will decide if a reasonable person would find the product defective if used reasonably. If the court decides that a reasonable person wouldn’t find the product defective if used reasonably, the defendant would not be liable. It would be even if the design of the defective product caused an injury.
Breach Of Warranty
A product defect case based on a breach of warranty can deal with many things, such as if the product didn’t perform as it was supposed to. Or, the claim can involve a product that doesn’t last as long as it should have. Breach of warranty can also apply to marketing if it is offered as a safe product, but there are dangers in the design. For example, a pharmaceutical product defect claim could involve a breach of warranty if there were undisclosed adverse side effects.
A product warranty can be either implied or explicit. An implied breach of warranty claim means the product performed poorly. An explicit breach of warranty claim can involve a warranty not written; it can be part of the marketing pitch where the manufacturer states the product will perform a specific task, but it doesn’t.
Common Examples Of Defective Products
Many everyday products may be defective and cause injuries. Talk to a product defect attorney if you think these or other defective products injured you:
Cars
Cars and other motor vehicles are some of the most common reasons for product defect lawsuits. For example, the Takeda airbag scandal affected millions of vehicles worldwide and caused hundreds of serious injuries and deaths. It was determined that the airbag canister can explode with too much force during deployment and spray vehicle occupants with damaging metal shrapnel. Other common motor vehicle defects are:
- Defective tires, brakes, and steering components
- Malfunctioning seatbelts
- Improperly designed fuel systems that cause explosions and fires
- Vehicles that are more likely to roll over because of the high center of gravity
- Motorcycles and mopeds with unsafe parts
When a car defect leads to an injury, the victim can have a product liability claim against the car or parts manufacturer. Depending on the case, parts suppliers and marketers can also be liable.
Medical Devices
Millions of Americans rely on medical devices to improve and extend their lives. However, improperly designed or manufactured devices can cause severe or even fatal harm. Recent medical device product defect cases have involved:
- Joint replacements that don’t last as long as advertised
- Malfunctioning defibrillators and pacemakers
- Dangerous hernia patches and surgical mesh
- Hazardous birth control products
- Dangerous breathing machines and ventilators
Pharmaceuticals
The US government requires pharmaceutical companies to prove their products are safe and effective. However, dangerous drugs still are put on the market often. Examples include:
- Prescription drugs with severe side effects
- Drugs that lack thorough testing or safety labels
- Counterfeit medications sold online
- Drugs that interact dangerously with other medications
Dangerous drug cases are always complicated and require the experience of a skilled defective product attorney to succeed. Your attorney will likely bring in medical experts to prove that a dangerous drug injured you or your loved one.
Child Toys And Products
Parents can expect children’s toys and other products to be safe for their kids. However, many defective child products lead to injuries and deaths annually:
- Defective boosters and car seats that don’t restrain the child in an accident
- Unsafe strollers, cribs, and high chairs
- Toys with tiny parts that choke the child
- Children’s pajamas and sleepwear that can catch on fire
- Jewelry for children that contains toxic materials and chemicals
Did an unsafe toy or other product harm your child? Hire a product liability attorney today who will fight to hold the liable company accountable for the harm caused.
Home Appliances
Many household appliances can cause injuries and deaths. Defects in home products can cause amputations, lacerations, burns, electrocutions, fires, etc:
- Defective electric blankets and space heaters that catch on fire
- Dangerous lawnmowers and power tools
- Malfunctioning ovens and stoves
- Defective microwaves, toasters, and blenders
- Smoke alarms and carbon monoxide devices that don’t warn of danger
Product liability lawsuits involving home appliances can be difficult, so contact a product liability attorney today.
Job Equipment
Workers rely on various types of machinery to do their jobs daily. When the equipment has defects, the outcomes can be devastating and sometimes deadly:
- Cranes, hoists, and forklifts that malfunction
- Defective ladders and scaffolding that cause falls from heights
- Unsafe machinery and power presses
- Defective assembly lines and conveyor belts
An injured worker can have a workers’ comp claim against their employer. Sometimes, a product liability lawsuit is possible against the manufacturer of the defective equipment.
Foods
People assume that the foods they buy in grocery stores and eateries are safe to eat. However, contaminated foods can cause serious illnesses and injuries:
- Foods that contain harmful bacteria, such as Listeria or E. coli
- Foods containing non-organic objects, such as plastic, glass, or metal
- Baby formula that contains hazardous chemicals
- Mislabeled foods that do not disclose allergens
What Damages Are Available In Defective Product Claims?
Someone harmed by a defective or dangerous product can have a valid liability claim. Compensation your defective product attorney can obtain for you includes:
- Past, current, and future medical bills
- Lost earnings and reduced earning capacity
- Pain and suffering from the injury and treatments
- Emotional suffering
- Loss of life enjoyment
- Wrongful death, if you lost a loved one
You should speak to an experienced product liability attorney to understand the full extent of your losses.
How Do You Prove A Defective Product Claim?
Proving a product liability claim is difficult and should be overseen by an experienced product liability attorney. Generally, your attorney must prove the following:
- The product contained a defect and was dangerous
- The product defect caused injuries to you or a loved one
- You used the product as intended
Proving these necessary elements usually requires experts who will testify about product design, safety, and engineering. Your experienced product liability lawyer can access the needed experts to construct a convincing case. The product manufacturer or designer will have ample funding and try to prove their product wasn’t unsafe or dangerous. Retaining a defective product attorney is essential to take on the defendant.
How Long Does It Take To Settle A Product Liability Claim?
A product liability claim will usually end with a settlement. A few cases go to trial, but they are uncommon. Generally, the case will take at least a few months to settle. Some cases take years to settle. Your product liability attorney will provide an approximate timeline for your case. The time to settle the case depends on the following variables:
- The number of people involved in the claim. A class-action lawsuit usually takes much longer to settle than just a single filing. For example, there has been an ongoing class action case against Nissan for years.
- How complex the case is.
- How many people or parties are responsible for the injury.
- How severe your injuries are.
- The settlement amount that your product liability attorney demands.
- How willing are the liable parties to cooperate in the case? If they deny liability, the case can go to trial and take years.
- Whether the defective product was recalled and when the recall occurred.
Regarding the settlement amount, how much you receive depends on the severity of injuries, amount of lost earnings, and degree of pain and suffering, among other factors. Generally, the worse your injuries, the higher your medical bills and lost earnings will be. You also will have more pain and suffering and mental and emotional anguish with a serious injury.
Speak To A Defective Product Attorney Now
Product liability claims are notoriously complex and difficult to prove; you should always retain a seasoned defective product attorney. A defective product lawyer provides the optimal opportunity to receive compensation for your injuries and related damages. Contact a product liability attorney in your area for a free consultation. You don’t pay legal expenses unless a product liability attorney obtains compensation for you.
Don’t wait to seek the help you need if you or a loved one have been injured by a defective product. Contact a defective product attorney today to discuss your case and explore your legal options.
