Defective Products

Have you or a loved one been injured by a defective product? If so, you may be entitled to compensation for your injuries, medical expenses, lost wages, and other damages by bringing a product liability claim.

What is a Defective Product?

A defective product is a product that is unreasonably dangerous. Defective products can be the result of design flaws, manufacturing defects, or inadequate warnings and instructions. Some common examples of defective products include:

  • Defective auto parts, such as brakes, tires, and airbags
  • Defective medical devices, such as pacemakers and hip replacements
  • Dangerous drugs with harmful side effects
  • Defective consumer products, such as toys, electronics, and appliances
  • Dangerous chemicals and toxic substances

Proving That a Product Was Defective

A product may be deemed defective if it has a manufacturing defect, a design defect, or fails to have adequate warnings. These defects are explained below.

Manufacturing Defects

A manufacturing defect occurs when a product is made incorrectly or with substandard materials. Manufacturing defects can happen at any stage of the manufacturing process, from the assembly line to the packaging and shipping of the product. Examples of manufacturing defects include:

  • A car with faulty brakes due to a defect in the manufacturing process
  • A medication that contains a harmful substance due to a mistake in the production process
  • A toy that is missing a part due to an error in assembly

Manufacturing defects are typically the result of human error or negligence, and they can affect only a small portion of a product batch or the entire batch.

Design Defects

A design defect occurs when a product is designed in a way that makes it inherently dangerous. Examples of design defects include:

  • A car that is prone to rollovers due to a flawed design of the roof
  • A medical device that fails to perform as intended due to a poor design
  • A baby crib with slats that are too far apart, creating a risk of entrapment

Design defects are usually the result of poor or inadequate planning, testing, or research during the design process.

Failure to Warn

A product can also be unreasonably dangerous if the manufacturer fails to provide adequate warnings or instructions for its safe use. This is known as a failure to warn. A failure to warn can occur if the manufacturer does not provide any warnings or instructions at all, or when the warnings or instructions are incomplete, inadequate, or not prominently displayed. Examples of products that may require warnings or instructions include:

  • Prescription medications with known side effects
  • Power tools with sharp blades or other dangerous components
  • Chemicals that can be harmful if not handled properly
  • Toys with small parts that can be choking hazards

To prove a failure to warn claim, the plaintiff must show that: (1) the product was dangerous in a way that was not obvious to the user; (2) the manufacturer knew or should have known of the danger; (3) the manufacturer failed to provide adequate warnings or instructions to protect users from the danger; and (4) the plaintiff’s injuries were caused by the failure to warn.

Liability In Defective Product Cases

There are four ways to prove liability when you’re injured by a defective product. These four ways are:

  • Strict liability;
  • Breach of warranty;
  • Negligence; and
  • Intentional misrepresentation or fraud.

These four methods can be used to establish claims against the manufacturer, the distributor, and the seller of the defective product.

Strict Liability

A defective product lawyer can help you pursue a strict liability claim, holding manufacturers, distributors, and sellers responsible for injuries caused by defective products, even if they were not negligent. To establish strict liability, you must prove that: (1) the product was defective; (2) when leaving the possession of the defendant; (3) the plaintiff used the product in a manner that was reasonably foreseeable by the defendant; and (4) the defect caused the plaintiff’s injuries.

Breach of Warranty

Product liability claims can also be based on a breach of warranty. A warranty is a guarantee that a product will meet certain standards or perform in a certain way. There are two types of warranties that can give rise to a product liability claim:

  • Express Warranty: A specific promise about the quality, safety, or performance of the product, either in writing or orally.
  • Implied Warranty: An unwritten guarantee that a product will be fit for its intended purpose and free from defects.

To prove a breach of warranty, you must present evidence of the warranty and show how the product failed to meet those standards.

Negligence

Product liability lawyers can also help prove that a manufacturer, distributor, or seller was negligent. This occurs when they breach their duty of care, causing injuries. To prove negligence, you must show that:

  • The manufacturer, distributor, and/or seller owed a duty of care to the plaintiff;
  • They breached that duty;
  • The breach caused injuries; and
  • The plaintiff suffered actual damages.

Intentional Misrepresentation or Fraud

A defective product attorney can help prove that a company knew about a product’s defective condition at the time of sale or distribution and concealed or ignored the defect.

Types of Compensation for Defective Products

If you or a loved one has been injured by a defective product, you may be entitled to several types of compensation, including:

  • Medical Expenses: If you’ve been injured by a defective product, you may have incurred significant medical expenses for treatment and rehabilitation. You may be entitled to compensation for these expenses, including hospital bills, doctor’s fees, medication costs, and therapy.
  • Lost Wages: If your injuries have prevented you from working, you may be entitled to compensation for your lost wages. This can include wages you’ve already lost, as well as future earnings you may miss out on due to your injuries.
  • Pain and Suffering: In addition to physical injuries, you may have experienced emotional distress, anxiety, and other forms of mental suffering as a result of your injuries. You may be entitled to compensation for these non-economic damages.

Frequently Asked Questions

What is a defective product lawyer?

A defective product lawyer specializes in handling cases where consumers have been harmed by dangerous or faulty products. These lawyers help victims seek compensation for medical expenses, lost wages, and other damages.

Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for injuries caused by defective or unsafe products. If a product is poorly designed, improperly manufactured, or lacks adequate warnings, victims may file a claim.

If you or a loved one has been injured by a defective product, it’s advisable to consult a product liability lawyers they can evaluate your case and determine if you have grounds for compensation.

Defective product cases typically fall into three categories:

  • Design Defects – A flaw in the product’s design makes it unsafe.
  • Manufacturing Defects – Errors in production result in a dangerous product.
  • Failure to Warn – Lack of adequate warnings or instructions leading to injury.

Liability can fall on multiple parties, including:

  • Manufacturers
  • Distributors
  • Retailers
  • Suppliers
  • Designers

A defective product attorney can investigate your claim, gather evidence, negotiate settlements, and represent you in court to ensure you receive the compensation you deserve.