Product liability cases hold a manufacturer, retailer, or seller liable for selling a defective product to a consumer. Laws governing defective products protect consumers when a product is defective or dangerous and vary from state to state. Generally, when a product is proven to be defective and poses an unreasonable dangerous risk when being used for its intended purpose, then you may be able to file a claim against the manufacturer, retailer, or seller of the product.
Specifically, a defective product can be characterized as having a design defect, manufacturing defect, or marketing defect that results in injury to a person. There are a wide range of examples in which a defective product can occur, including food or beverage products, children’s toys, motor vehicles, medical devices, and much more.
In order for a victim to prove product liability, the following must be shown as evidence:
- The product was defective during the manufacturing process
- The product reached the plaintiff without the manufacturer, seller, or distributor making the necessary changes in order to make it safe for its intended use
- The plaintiff and/or their property was injured to some extent by the product
What Constitutes a Defective Product?
As mentioned earlier, a defective product is characterized by a design, manufacturing, or marketing defect that results in injury to a person.
Design Defects: This type of product liability claim is based on a product's defective design, meaning the product is inherently dangerous due to its design alone rather than an error in the manufacturing process. This means that the entire product line is dangerous, rather than one particular item.
Manufacturing Defects: A manufacturing defect involves a product that is properly designed but that, due to a manufacturing issue, has a flaw in an individual item or a set of items. As a result, the item becomes dangerous and unsafe for its intended use.
Marketing Defects: All products must come with clear and concise warnings about the possible risks or dangers associated with the product that may not be instantly apparent. For instance, warning labels must be included for products that can be dangerous if used improperly or at all.
Contact a Product Liability Lawyer
If you or a loved one has been injured due to a defective product, it is imperative that you speak with a trusted product liability attorney. At Fiore Legal, our team has extensive experience representing victims of product liability cases and is here to help every step of the way. Contact us for a free consultation with our team.