Suing for a Dangerous Product: Understanding Product Liability Cases

March 01, 2012 (Press-News.org) Suing for a Dangerous Product: Understanding Product Liability Cases

As a matter of public policy, laws declare that products available to the public must be free of dangerous defects. Consumers injured by a defective product may be able to obtain money damages for their physical injuries and property damage. This type of case is called "product liability," and certain aspects of this law differ from other personal injury cases.

What "Defective" Means in Product Liability

Many types of products could be designated as dangerous. However, the product must have a defect that causes it to be unreasonably dangerous in order for an injured consumer to recover. The law deems a product defective if it has:
-A manufacturing defect: occurs when the product has a deviation from its design. In many cases, this is the easiest product-liability case to prove, since the injured person can use the manufacturer's own design to show how the product was manufactured incorrectly and harmed the consumer
-A design defect: occurs when the product is built as intended, but is still unreasonably dangerous as designed
-A marketing defect: occurs when the product fails to warn consumers of its unseen dangers, is improperly labeled or has incorrect or insufficient instructions

These different defects cover all products -- from defective medical devices to power tools to prescription medication with unintended side effects.

Strict Liability

Strict liability comes into play in many product-liability cases. This legal theory allows the plaintiff (the injured person) to recover damages even if there was no negligence on the part of the defendant (such as the manufacturer) in a lawsuit -- meaning that an injured consumer can recover even if a jury finds that the manufacturer was not at fault for the defect in the product. Rather, the plaintiff only needs to prove that the product was:
-Defective when sold
-Unreasonably dangerous
-Intended to reach the consumer without significant changes to the dangerous defect
-The cause of injury to the consumer

The injured person can also make a negligence claim against the manufacturer, meaning that the manufacturer was at fault for the defect. This is useful when strict liability does not apply, such as when the injured consumer used the product in a way that the manufacturer did not intend the product to be used.

Finally, the injured consumer also may be able to sue under a breach of warranty claim. If the manufacturer or seller of the product provides a warranty, either express or implied, and the product subsequently breaks the warranty, the buyer has a contractual right to sue.

This very basic article is intended to highlight some of the unique aspects of product-liability cases. Anyone injured by a defective product should seek the advice of a personal injury attorney familiar with this complex area of the law for more information.

Article provided by Law Offices of Schlachman, Belsky & Weiner, P.A.
Visit us at http://www.sbwlaw.com/