Defective Product Information

General Information About Defective Products

This page provides general information about defective products. Our current practice focuses on roadway injury claims; this information does not describe a broader product-liability practice.

Defective and/or dangerous products can lead to lost property and personal injury. Victims could be entitled to compensation if the person or their belongings have been impacted by a dangerous product.

Common product liability cases often involve health and safety concerns. Millions of products, including foods and equipment, have been recalled over past years after professionals found the products dangerous or defective. Products have ranged from romaine lettuce with possible E. coli, to faulty children’s car seats, and even to cellular phones that caused small fires.

Types of Product Liability Claims

Three types of product liability claims exist: defectively manufactured products, defectively designed products, and failure to provide adequate warnings or instructions.

1. Defectively Manufactured Products – These products are flawed as a result of how they were created and/or distributed. Examples include defective car seats, a bad batch of cooking spices tainted with lead, or a life-saving alert button for an elderly person malfunctioning. When these situations cause illness or injury and are not the result of a person’s own wrongdoing, the injured person could have a good case for filing a dangerous product liability case.

2. Defectively Designed Products – These product issues are the result of design errors. The previously mentioned defectively manufactured products were designed to work a specific way. The issue for those was in how they were created. Whereas, defectively designed products were never originally designed correctly from the start. Examples include helmets designed to protect the skull from concussions, glass designed to be shatterproof, or a line of dishwashers with racks that collapse unexpectedly during wash cycles. In these situations, products were designed to carry out specific functions or prevent something from happening. When they fail to carry out their purpose because of flaws in the design, this is means for a lawsuit.

3. Failure to Provide Adequate Warnings or Instructions – Every product is required by law to have certain warnings and instructions for the purchaser to understand how the product is meant to be used. If a product does not display proper warnings necessary to warn of dangerous possible outcomes from using the product, the production company might face a lawsuit. Examples include certain medicinal drugs with side effects, especially if used with other drugs, a child eating something harmful and there is no warning label listed on the product, or an electronic item igniting a fire when plugged in and there was no warning instructing the consumer to unplug other electronics from the outlet before plugging the item in.

Distinguishing between various types of product liability claims is tricky, especially between the first two types. Because of this, it is strongly recommended that an experienced products liability attorney help with the claim. Hiring an attorney with experience in both product liability and personal injury can be even more beneficial if injuries were sustained.

Finding Advice About a Product-Liability Claim

For advice about a product-liability claim, consult an attorney who currently handles those matters.

Large manufacturers and retailers hire defense attorneys skilled at confusing the issues in a product liability case. Injury victims need experienced product liability attorneys to gather and present necessary information to prove their claims.

Ask the attorney handling your product-liability matter about fees and case expenses before deciding whether to hire them.

If you were hurt on the road, contact Caleb or Dustin for a free consultation.