Harmful Products

Practice Areas

Harmful Products

Companies who manufacture and sell products have certain responsibilities to their customers – the most basic responsibility is to make a product that is safe for customers to use. When a company fails to produce or design a safe product, customers can sustain significant or even deadly injuries. These injuries can create an everlasting, painful effect on the daily lives of innocent people. Customers who have been seriously harmed when a customer fails to perform its basic duties must hold these companies accountable for their wrongdoing. 

There are generally three different types of products liability cases:

  1. MANUFACTURING DEFECTS

Manufacturing defects are caused when an error in the assembly or manufacturing process that are not intended to be part of the product. These defects will usually only be found in a small percentage of a company’s manufactured products. While these errors are abnormalities, they lead to serious injuries. Generally, companies are considered strictly liable for injuries caused by one of a company’s product that contains a manufacturing defect. Strict liability means an injured consumer only needs to prove the defect that caused the injury was existed in the product when it left the company’s facility.

  1. DESIGN DEFECTS

A design defect is a flaw in the original blueprint, or design, of a product. A design defect will generally be found in the entire line of a company’sproducts and cause all of the products to be unreasonably likely to cause an injury.

Three questions are asked to determine whether a design defect exists:

  • Was the design of the product unreasonably dangerous before it was produced?
  • Was it possible to anticipate the design of the product could be potentially harmful?
  • Was it economically feasible for the manufacturer to have used a better design that would not change the purpose of the product?

If the answer to of these questions is yes, then the injured customer should quickly seek legal advice about a possible design defect claim. 

  1. FAILURE TO WARN

Companies have the responsibility to warn its customers of the potential risks associated with using its product that are reasonable known. The manufacturer, distributor, or any other party responsible for selling the dangerous product to the consumer can be liable for a failure to warn claim if a warning or instruction could have reasonably prevented injuries caused by a product.

Proper warnings should:

  • Be displayed in a place that is easily visible by the product’s consumers.
  • Inform the consumer of any known existing hazards.
  • Inform the consumer of the severity of the risk involved.
  • Inform the consumer of the specific, potentially hazardous effects.
  • Inform the consumer how to avoid the hazard.

Some questions to consider when determining if the warning in question was adequate:

  • Was it likely the product would cause harm?
  • Was the product being used for the intended purpose?
  • How severe was the harm caused by the product?
  • Could the manufacturer have known of the danger presented by the product?
  • Was the warning simple and clear to understand?

Please contact us if you or a loved one has been injured by a product and you believe an adequate warning of the danger would have stopped the injury from happening.