Product Liability Overview

When a product is made publicly available, those involved in the design, manufacturing, marketing, and sale of the product owe an obligation to consumers.  That product must be reasonably safe when used for its intended purpose, and any potential dangers involved with use of the product must be made absolutely clear to consumers.  When someone is injured due to a defect that makes a product unforeseeably dangerous, any and all parties that contributed to the defect may be held liable under product liability law.  A personal injury lawyer skilled in defective product litigation may be able to obtain compensation for medical bills, lost wages, pain and suffering, and other expenses and losses stemming from the injury.

Defective Products Litigation

There are three basic types of defects that around which a product liability case can be developed.  Design defects result from a flaw in the conception of a product, often because a manufacturer commissioned an unsafe product despite there being safer alternatives that were also cost-effective.  Manufacturing defects occur during the fabrication of a product and are usually inherent in all products created during a given manufacturing run.  Such defects usually result from the manufacturer’s failure to adhere to the specifications set forth by the designer.  The third type of defect, marketing defects, is generally the result of insufficient or misleading labeling, poorly written or incomplete instructions, or the failure to warn consumers of possible risks associated with proper use of the product.

Strict Liability

In most product liability cases, the doctrine of strict liability comes into play; that is, the presence of a product defect is sufficient proof of negligence, and no specific act of negligence needs to be shown in order to present an effective case.  What is essential to a successful product liability lawsuit is that the Personal injury attorneys are able to connect a defect with the injury that resulted.  If a person is injured due to misuse of a product or inattention to clear warning labels, he or she may no longer be eligible to recover compensation for his or her injuries.

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