Types of Products Liability Cases
While we benefit from innumerable products in this country, we are also exposed to a variety of risks. Products that cause injury and even wrongful death range from cars and trucks to children's furniture and toys. If you or a loved one has been seriously injured by a product, contact a products liability attorney for guidance on how to proceed.
Consumer products can, unfortunately, be dangerous if they are defectively designed, defectively manufactured or contain inadequate warnings or instructions. The following nonexclusive list describes some types of products that can harm consumers:
Automobiles and Tires: The drivers of cars, trucks and motorcycles are at the mercy of the product manufacturers, wholesalers and sellers. If the products that compose a vehicle are unsafe, causing a car's brakes to fail or an SUV's tire to blow out, serious accidents can result. Litigation involving defective vehicles and tires must allege, in most states, that the product was defective; the product was therefore unreasonably dangerous; the product was defective when it left the control of the manufacturer or seller; and the plaintiff's injury was caused by the defective auto or tire.
Toys and Children’s Furniture: Designers and manufacturers of toys and furniture intended for children need to keep a sharp eye on safety. If a child who uses a dangerous item in a foreseeable manner is likely to be injured, the manufacturer may be liable when injury occurs. Toys that contain small parts or hazardous chemicals can be harmful or deadly to children. The Consumer Products Safety Commission (CPSC) provides guidelines on children's items and information on recalls. In the past, cribs, dolls, clothing and numerous other items have been recalled. Keeping a watchful eye on both children and recall notices will help to increase safety.
Pharmaceutical and Medical Devices: Defects in medical products can occur at any stage, including the item's design, manufacture, testing and warning/instructions; the physician's prescription; and the pharmacist's distribution. Sometimes medication causes harm because the manufacturer concealed adverse testing results. In other cases, the manufacturing process allowed contaminants into the product. The harms that result can be devastating. The Food and Drug Administration (FDA) regulates pharmaceutical and medical devices. If the manufacturer did not comply with FDA regulations, often it is easier for a plaintiff to recover compensation. Depending on the case and the state in which it occurs, the plaintiff may recover general damages for pain and suffering; special damages for monetary losses; and even punitive damages if the defendant acted with malice or recklessness.
Power Tools: Powered hand tools can cause grave injuries. When the user has not been sufficiently warned of the dangers or the tool has a design or manufacturing flaw, the tool may be unreasonably dangerous and leave the manufacturer open to liability. If a tool does not have a necessary thumb guard, for instance, or the instructions fail to warn the user to wear protective gloves, the manufacturer may be liable for the user's injuries.
Speak to a Lawyer
If you have been injured by a product that was defectively designed or manufactured or failed to provide adequate warning, you may have a case against the manufacturer or seller. The laws vary from state to state, so it is important to contact an attorney to discuss your situation.
Copyright © 2011 FindLaw, a Thomson Business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.