When you purchase a product, whether it’s a household appliance, a toy for your child, or a piece of machinery for work, you expect it to be safe for use. Unfortunately, defective or dangerous consumer goods sometimes make their way into the marketplace, causing severe injuries or even fatalities. When a product fails due to a design flaw, manufacturing defect, or lack of proper warning labels, the consequences can be devastating for consumers. If you’ve been injured by a defective product, understanding your rights under product liability law is essential to seeking compensation for your injuries.
What Is Product Liability?
Product liability refers to the legal responsibility that manufacturers, distributors, and retailers have to ensure that their products are safe for consumers. If a product is found to be defective and causes harm, the injured party can file a product liability claim to recover damages. These claims are based on one of three main types of defects:
- Design Defects: These occur when the product is inherently dangerous due to its design. Even if the product is manufactured correctly, its design makes it unsafe for use. For example, a power tool that lacks proper safety features to prevent user injury could be considered defectively designed.
- Manufacturing Defects: A manufacturing defect happens when a mistake is made during the production process, causing the product to differ from its intended design. This could involve the use of faulty materials, improper assembly, or contamination during manufacturing. For instance, a car with defective brakes due to an error in the assembly process would have a manufacturing defect.
- Failure to Warn (Marketing Defects): If a product has inherent dangers or requires special handling to use safely, the manufacturer or seller is required to provide clear warnings or instructions. Failure to provide these warnings can result in injury, and the manufacturer can be held liable. For example, if a medication does not include adequate warnings about potential side effects, the drug manufacturer may face a product liability claim.
Common Examples of Defective Products
Product liability claims can involve a wide variety of products across numerous industries. Some common examples of defective products include:
- Defective Auto Parts: Defects in car components such as airbags, tires, brakes, or fuel systems can lead to serious accidents. A well-known example is the Takata airbag recall, which involved millions of vehicles with airbags that could explode and cause injuries.
- Dangerous Toys and Child Products: Defective children’s products, such as toys with choking hazards or faulty car seats, pose significant risks to young children. If a product intended for children fails to meet safety standards, the manufacturer can be held liable for any injuries.
- Unsafe Medical Devices: Medical devices, such as hip implants or heart pacemakers, are intended to improve a patient’s health. However, if these devices are defective, they can cause severe harm or require additional surgeries to correct the problem.
- Faulty Appliances: Household appliances like toasters, ovens, or space heaters can pose fire hazards if they are defectively designed or improperly manufactured. When these products fail and cause injury, the manufacturer may be responsible.
- Defective Tools and Machinery: Industrial equipment, such as power tools or heavy machinery, must meet strict safety standards to ensure they are safe to operate. If these tools malfunction due to a defect, they can cause serious injury to workers.
Proving a Product Liability Claim
To successfully pursue a product liability claim, the injured party must prove that the product was defective and that the defect caused their injury. This often involves gathering evidence to show that the product was not safe for its intended use and that the manufacturer or another party in the supply chain is responsible for the defect.
Some of the key elements involved in proving a product liability claim include:
- Establishing the Defect: You must be able to demonstrate that the product was defective in one of the three ways mentioned above (design defect, manufacturing defect, or failure to warn). This often requires expert testimony to explain how the defect occurred and how it contributed to the injury.
- Proving the Product Was Used as Intended: In most product liability cases, you must show that you were using the product in a manner that was intended or foreseeable by the manufacturer. If the product was being used incorrectly or in a way not intended by the manufacturer, it may be difficult to pursue a claim.
- Showing the Link Between the Defect and Injury: It is important to establish that the defect in the product directly caused the injury. Medical records, accident reports, and expert analysis can all help demonstrate that the defect was responsible for the harm.
- Identifying All Liable Parties: In a product liability case, more than one party may be held responsible for the defect. The manufacturer, distributor, retailer, and even the designers of the product could share liability. Your attorney will help identify all potential parties and hold them accountable for your injuries.
Compensation in Product Liability Cases
Victims of defective products may be entitled to compensation for a range of damages, including:
- Medical Expenses: This includes coverage for hospitalization, surgeries, rehabilitation, and any future medical treatment needed due to the injury.
- Lost Wages: If the injury caused you to miss work or resulted in a long-term disability that affects your ability to earn income, you may be entitled to compensation for lost wages or loss of earning capacity.
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury.
- Punitive Damages: In cases where the manufacturer’s actions were especially reckless or egregious, the court may award punitive damages to punish the company and deter similar behavior in the future.
Why You Need an Attorney for Product Liability Cases
Product liability cases often involve large corporations with significant legal resources, making it challenging for individuals to pursue claims on their own. An experienced product liability attorney can help navigate the complexities of these cases, gather evidence, and work with experts to prove that the product was defective and that it caused your injury.
Additionally, product liability cases may involve complicated legal issues, such as statutes of limitations and regulatory compliance, which can impact your ability to file a claim. Your attorney will ensure that all necessary legal steps are taken to protect your rights and seek full compensation for your damages.
At Spagnoletti Law Firm, we will fight to hold manufacturers accountable for the harm their defective products cause. If you’ve been injured by a dangerous or defective product, contact us today for a free consultation. We’ll review your case and help you understand your legal options so you can focus on your recovery while we fight for the compensation you deserve. Please contact us online or call 713-804-9306 or to learn more about your legal rights.