Liability for Defective Products | Filing a Product Liability Lawsuit

From toys to prescription drugs to automobiles, thousands of defective products are sold each day in the U.S. When defective products enter the marketplace and result in injury or death to consumers, the affected consumers may have a defective product liability claim against a manufacturer, distributor, wholesaler, or vendor of the defective product.

Dangers of Defective Products

Companies have a legal duty to inform consumers of the risks and dangers associated with the use of the products they manufacture, distribute, and sell. Unfortunately, some companies fail to disclose all of the risks and dangers associated with a product or fail to provide adequate instructions for the safe use of a product. These failures can result in injury or death to consumers.

Generally a product must meet the reasonable or ordinary expectations of the consumer. If a product fails to meet that expectation because it is dangerous or defective, its manufacturer or a distributor, vendor, or wholesaler may be held liable in a product liability lawsuit. Following are several products which have been the subject of product liability lawsuits over the years:

Ford Pinto – defective gas tank
Fen-Phen – defective weight loss drug
Firestone – exploding tires
Peanut Corporation of America – salmonella outbreak
Yahama – ATV (all terrain vehicle) rollover accidents
Dow Corning – defective silicone breast implants

Many companies carry product liability insurance to protect themselves in the event they are named liable in a product liability lawsuit. It is much easier for well-established companies to obtain product liability insurance than it is for start-up companies to obtain it.

Grounds for a Product Liability Lawsuit

Product liability lawsuits may arise as a result of: 1) design defects, 2) manufacturing defects, or 3) marketing defects.

Design Defects – A company may be liable under a design defect theory if a mistake or oversight in the design of a product makes it dangerous when used as intended or when used in a reasonably foreseeable manner.
Manufacturing Defects – Liability arises under this theory if a defect in a product is the result of how it was manufactured.
Marketing Defects – A company may be liable under a marketing defects theory if its' product instructions fail to properly instruct a consumer on the proper and safe use of a product or if its' safety warnings don't adequately educate the consumer of the dangers and risks of using the product.

A product liability lawsuit may be founded on one or all of these grounds. Other grounds may be available depending in which jurisdiction the lawsuit is filed.

product liability cases may be based on a number of theories. Although local law governs which theories are available to a plaintiff, the most common theories follow:

Negligence
Breach of Warranty
Fraud
Misrepresentation
strict product liability

Defective Product Recalls

Product recalls are initiated to warn consumers about dangerous products with the hope of preventing injuries and death. Most product recall campaigns are done by mail or by using radio, television, magazine, or newspaper spots. Product recall campaigns are expensive and haphazard because there is no guarantee that the warning will reach all consumers who have purchased or are currently using the product.

Getting Legal Help

The time you have to pursue a product liability claim is limited by the statute of limitations in your state. If you have been injured by a defective product or if a loved one has died as a result of a dangerous product, you must contact a knowledgeable product liability attorney immediately. Your attorney will assess the merits of your case and explain your rights and options to you.

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