Product Defect Litigation

Product defect litigation is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause if they are unreasonably dangerous.

When injury or death is caused by a product that is unreasonably dangerous or defective, the manufacturer can be held legally responsible. Defective products range from automobiles, unsafe agricultural equipment, and household products to pharmaceuticals, toxic chemicals, defective trucking parts, and even dangerous toys. By forcing manufacturers to correct defects, or take dangerous products off the market altogether, we are helping make the world a safer place for all.

Product liability law provides the victims of dangerous products with legal recourse for any injuries suffered. Generally, a product is required to meet the ordinary expectations of a consumer. A product that has an unexpected defect or danger does not meet consumers’ ordinary expectations. A number of different parties may be held liable for any injuries that result from the use of a defective product. For example, if a flaw in the manufacturing process creates a dangerous defect, the manufacturer may be held liable. This section includes a number of resources on design defects, manufacturing defects, defects in warning, and product liability law in general.

Product Defect Litigation

Types of Products Liability Claims

Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness.

Design Defect

This basically means the whole product was designed poorly or not properly tested, in which case all the products will likely be defective and dangerous.

Manufacturing Defect

The product was designed fine, but the error or dangerous aspect was introduced during the making of the product. Often not all the products will be dangerous, just those with the problem caused during manufacturing.

Marketing Defect

The name of this is a little misleading because the problem may not be contained within the scope of what most people consider marketing. Instead, this defect is often seen in the warnings and instructions included with a product – if the manufacturer fails to provide proper warning labels or clear instructions to help consumers avoid injuries they can be held liable.

Product Liability Cases are very difficult and expensive cases to pursue.  Make sure the attorney of your choosing has experience and resources to pursue this type of litigation.