Product liability: defending against claims of unsafe goods
The area of law governing civil litigation of claims for injury from dangerous or defective products is called products liability.
March 25, 2014
Product liability: defending against claims of unsafe goodsArticle provided by Adler, Cohen, Harvey, Wakeman and Guekguezian, L.L.P.
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In our modern lives we are all dependent on manufactured products and rely on responsible, reputable manufacturers to keep those goods safe for our use. Because some companies have not historically lived up to their duties to keep the public safe from dangerous or defective products, laws and government agencies play a big role in setting safety standards, managing recalls and allowing individuals harmed by such goods -- physically and in their property -- to sue manufacturers and sellers for money damages.
Dangerous product lawsuits
The area of law governing civil litigationof claims for injury from dangerous or defective products is called products liability. The usual reasons for injury from exposure to or use of a product fall mostly into these categories:
-Design defects
-Defective manufacture
-Failure to warn of potential danger or to provide instruction for safe use
-Misrepresentation
From small, local manufacturers and sellers to large, national and international ones, each company that puts manufactured goods into the stream of American commerce must comply with product safety and product liability laws, state and federal. Some laws apply across the board to most types of products and some types of goods are even more tightly regulated if they have the potential to cause serious injury or death or if they are inherently dangerous.
While laws differ to some degree among U.S. jurisdictions, the more common legal theories of product liability are:
-Negligence: a seller or manufacturer has the duty to take reasonable care not to sell or create a good that creates an unreasonable risk of injury to foreseeable users of the product
-Strict liability: in some situations a manufacturer may be automatically liable for injury caused by one of its products that was defective even if the manufacturer took reasonable care
-Breach of express or implied warranty: a seller or manufacturer may be liable for injury caused when a product was not of the same specification or condition as had been affirmatively represented it would be; or for injury caused when a product is not "merchantable," meaning defective or not fit for its ordinary purposes; or for injury caused when a seller knows the buyer is going to use the product for a particular purpose and it is not fit for that purpose
-Misrepresentation: a seller or manufacturer may not misrepresent qualities of a product relating to safety, performance, safe usage and more.
Product liability defenses
It is crucially important for a manufacturer or seller to engage an experienced product liability attorney to mount a critical defense on its behalf. Depending on the jurisdiction and circumstances, some potential defenses include:
-Consumer misuse of the product
-Product alteration
-Consumer assumption of risk of use
-Consumer acted negligently in how he or she used the product
-Expiration of a product's safe life
-Consumer ignored directions or warnings
-Manufacturer complied with "state of the art" in all aspects of making the product
-And more
Highly skilled legal counsel can also launch a thorough investigation into the incident on behalf of the manufacturer or seller, including consultation with scientific experts in the relevant product field and medical experts. A civil litigation attorney can assist a defendant manufacturer or seller in negotiations to potentially settle a product liability claim, and defend the case vigorously in court, if necessary.
Long before being sued for product liability, a knowledgeable product liability litigator can assist a manufacturer with creating or disclaiming warranties; writing instructions, warnings and product manuals; complying with adverse event reporting requirements to government agencies; understanding when product recalls are necessary and following correct recall procedure; and more.