At LKC, our products liability attorneys are well-versed in the laws that protect consumers against the harm posed by defective products. Defective or dangerous products are the cause of thousands of injuries every year in the U.S. “Product liability law,” the legal rules concerning who is responsible for defective or dangerous products, is different from ordinary injury law, and this set of rules sometimes makes it easier for an injured person to recover damages. Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. In general terms, the law requires that a product meet the ordinary expectations of the consumer. When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer. Typically, product liability claims are based on state laws and brought under the theories of negligence, strict liability, or breach of warranty.
Most defective products belong in one of three categories. These categories are:
- Design defect – This occurs when the basic design of a product is inherently flawed. For example, a vehicle that rolls over easily because it is designed to be top-heavy has a design defect. These defects can be recognized easily because they usually affect all the products in a line, rather than just some of them.
- Manufacturing defect – This occurs when a product is designed well, but someone makes an error while constructing it. One example is an electrical product that has been built with faulty wiring. Unlike design defects, manufacturing defects may only affect some of the items in a line.
- Marketing defect – This occurs when a defect lies not with the product, but with the way it is sold. For example, a children’s toy with an incorrect age recommendation on its packaging has a marketing defect.
Any of these defects can be very dangerous for unsuspecting consumers. We believe that anyone who has been harmed by a poorly made or improperly advertised product deserves a chance to fight for justice.
Who’s Responsible for Injuries Caused by Product Defects?
Product manufacturers, designers, distributors, wholesalers, and sellers are supposed to make sure that their consumer products are safe for consumption and use. When their failure to fulfill this duty leads to serious injury or death, the injury victims or their families can file for damages from all liable parties. Thousands of people die each year due to faulty consumer products.
Common products and defects that may cause a catastrophic injury or a wrongful death are:
- Automobiles and Auto Parts
- Fire Related Defects in Products
- Industrial Machinery and Tools
- Medications and Drugs
- Airplane Accidents
- Bad Medication
Damages for injuries caused by defective merchandise are typically compensatory, special, or punitive. When a product liability lawsuit is successful, the plaintiff may be eligible for damages covering:
- Medical costs, both present and future
- Lost wages
- Pain and suffering
- Emotional anguish
If you or someone you know has been injured by a defective product, you may be entitled to compensation. LKC attorneys have a successful history of litigating product liability cases and recovering compensation for their clients. To see if our products liability attorneys can help you, please fill out our no cost, no obligation case review form today.