If you have been hurt by a dangerous or defective product, you may be able to file a claim.
Every day, we use a multitude of products. We wake up, turn off an alarm clock, perhaps check our phones, and start our day with a pot of coffee. Before we have even left for work, we may have used a dozen or more products — and consumed even more. Each of these products and consumer goods has the potential to fail or be defective. So what happens when one of them goes bad?
Although the Consumer Product Safety Commission (CPSC) has stringent standards, the fact remains that dangerous products still reach our markets. Whether it is food, a car part, a toy, an electronic or a household item, it seems as though recall notices hit our email inboxes and news alerts on a weekly basis. While companies often recall products out of an abundance of caution, it also happens because people have gotten hurt due to a dangerous or defective product.
When someone is hurt by a product, they will likely be entitled to file what is known as a products liability lawsuit. There are three main categories of products liability lawsuits: (1) defective manufacture; (2) defective design; and (3) failure to warn or provide adequate instructions. If a product has any one of these “defects,” then the manufacturer, distributor or retailer may be liable for any injuries that result from its use.
If a product has been defectively manufactured, then that could be grounds for a lawsuit. This is often the most obvious type of products liability lawsuit, because there was some sort of error in making the product. For example, if a car was manufactured and somehow a brake pad was not installed, causing the brakes to fail, that would be an example of a manufacturing defect. But if you were driving that car and crashed because you steered off the road and into a tree — not because of a brake failure — then you would not likely succeed in a lawsuit. That is because the cause of your injuries was not the defective product, but your bad driving.
A faulty design means that something about the way the product was designed is inherently dangerous, so that even when it is being used as intended, it cannot be used safely. For example, if a heating pad caught on fire when used on a high setting, that would be a design defect.
A failure to warn or provide adequate instructions case usually involves a situation where the product itself isn’t necessarily defective, but the company did not include instructions or warnings so that it can be used safely. For example, if a cleaning chemical can only be used in a well-ventilated room and the manufacturer did not include this warning, users could likely file a lawsuit against the manufacturer for failing to warn them that it was necessary to open a window before using it.
Products liability cases can be complicated, and require the assistance of a skilled attorney who has experience handling these complex matters. The attorneys of PLBH have substantial knowledge in the field of products liability, and will work hard to get you the recovery you deserve for your products liability case. Contact our office today at (800) 435-7542 or info@plblaw.com to schedule your free initial consultation.