PRODUCT LIABILITY CASES

Defective Products

When a manufacturer or seller of a product allows that product to reach the consumer, they are sometimes responsible for all harm caused by the product. The laws concerning product liability control who is responsible for the defective or dangerous product.

Although a product manufacturer is held responsible for a defective product if it allows it to be in the stream of commerce, other parties involved in the distribution chain can also be responsible.

A defective product is any product that is unreasonably dangerous when used for its intended purpose, without any changes. The product must cause injury to a person because of a design defect, a manufacturing defect, or a marketing defect. Some of the most common examples of defective products include food items, ladders, medical devices, and children’s toys.

Roy Boyd has handled many product cases including defective prosthetic hips, ladders and other products.

In order to prove product liability, you must show:

The product was defective when manufactured;

The product’s manufacturer, seller, or distributor intended for the product to reach the plaintiff without any changes being made through the process; and

The plaintiff and/or their property was injured in some way by the product.

Design Defects: These are present from the beginning, even before the product is actually manufactured. A company can become liable for a design defect when a foreseeable risk was present during manufacturing, and the company chose to continue creating the unsafe product. 

Talcum powder and Roundup are excellent examples where there has been much media coverage.

Manufacturer Defects: This is an unintended product defect that occurs during the manufacturing or assembly process. This usually results from mistake and causes the product to be dangerous.

Marketing Defects: Marketing defects usually involve inadequate instructions or warnings

concerning the products intended use. Examples are improper labeling and faulty safety warnings. These types of defects usually deal with a company’s failure to warn purchasers about proper use of the product, or dangers associated with the product.