Understanding Products Liability Law

Consumers expect that the products they purchase are safe when used as designed.  Unfortunately, consumers are often injured by common products and devices they use every day.  Some examples include defective prescription drugs, tires, car seats, seat belts, power tools, sports utility vehicles, medical devices, toys, and manufactured food.  The failure of these products to operate as intended frequently causes significant injuries or even death.

Under the laws of products liability, the designers, manufacturers and suppliers of a product must pay for injuries to consumers caused by defects and hazards in the products they market.

The purpose of products liability law is to ensure that the costs of injuries resulting from defective products are borne by the parties who place such defective products on the market, and not on the victims of harm caused by those products.

There are three different theories on which a products liability action may be based: negligence, breach of warranty and strict liability.

Negligence

A product manufacturer commits negligence if the manufacturer fails to exercise reasonable care in designing, manufacturing, inspecting and testing its products.  Manufacturers and sellers must also exercise reasonable care to warn of dangerous conditions.  If a consumer is injured by the failure of a manufacturer or seller to exercise reasonable care in discharging the above responsibilities, they may be held liable under a negligence theory.

Breach of Warranty

A product manufacturer commits a breach of warranty if its product fails to perform as warranted.  This type of liability is based upon contract law. I n sales contracts there are express and implied warranties.  When these warranties are breached, an injured party may recover damages resulting from the breach.  Disclaimers are often included in sales contracts and on the fine print of labels and documents included with the product.

Strict Liability

Under strict products liability law, it is not necessary to show that the manufacturer or seller was negligent or breached a warranty in order to recover damages for injuries sustained from a defective product.  In fact, strict liability does not require proof of fault on behalf of the designer, manufacturer or seller.

In a strict liability claim, the injured party need only show that: 1) the product was defective, 2) the defect existed prior to the manufacturer releasing the product, 3) the product was used as intended, and 4) the defect caused the victim’s damages.  The injured party can prove that a product is defective from three different types of defects: design defects, manufacturing defects and marketing defects:

• Design defects:  Design defects occur during the product design phase, or before a product is manufactured.  When a design defect occurs, usually every product of that model or type is usually defective.  A product has a design defect if a foreseeable risk of harm could have been reduced or eliminated by using another feasible design and the failure to use this alternative design caused the product to be unsafe.

• Manufacturing defects:  Manufacturing defects occur when there are mistakes made during the production phase of a product.  When a manufacturing defects occurs, many of the products which come off an assembly line may be safe, while others are not.  The product manufacturer may be held liable for failing to detect the defect before the product reaches the consumer.

• Marketing Defect:  Marketing defects occur when a manufacturer fails to adequately warn a consumer of a product danger.  These cases typically involve a product which may be safe if used in one manner, but hazardous if used in another foreseeable manner.  In these situations, the law requires that a product include clear, visible, and concise warnings explaining the dangers and their consequences.  If the product lacks a reasonable warning, the product is defective.

The Products Liability Lawyers at Simon & Luke Can Help

If you or someone close to you has been injured by a defective product, there are certain things you should do to protect your right to recovery.  For example, you should keep the product and any packaging, instructions, and labels.  These items will be vitally important in proving your case.  You should also select a law firm with substantial expertise, resources, and a proven track record.

The products liability lawyers at Simon & Luke have represented thousands of victims of defective products across the United States, recovering hundreds of millions of dollars in record-setting settlements for our clients.

We have a team of experienced products liability experts, designers, engineers, investigators, and photographers standing by to immediately investigate the cause of your injuries, photograph and preserve the evidence, question witnesses, and protect all of your legal rights.

Call the lawyers at Simon & Luke toll free at 1-888-335-4901 for a free consultation on your legal rights.