Products Liability Law 101

In a world of numerous consumer goods, there will be things that break or otherwise cause injury and property damage.

Common Types of Manufacturer Injury Liability

In the legal field known as products liability, there are numerous concepts that are important to know:

Defective Manufacturing

This particular cause of action postulates that an item was made defectively, and as a result of coming off the manufacturing line in a defective condition, it violated the manufacturer's design. Thus, the item was flawed and dangerous to potential users.

Defective Design

This cause of action asserts that an item's design made it unreasonably dangerous. Some courts believe that a design makes a product unreasonably dangerous if the risk exceeds what a ordinary consumer would expect from the item. Other courts consider the seriousness of the risk involved, the possibility of injury, the technical and financial feasibility of an alternative design and even the impact of an alternate design on the consumer market.

Failure to Warn

People injured by defective products can also sue for a failure to warn, such as failing to put a warning on the back of a medicine bottle. The theory is that a consumer cannot avoid a non-obvious risk in the absence of a warning.

Violation of Warranties

Another theory of recovery (even in the absence of personal injury) involves the violation of an express or implied warranty (i.e. an implied warranty of merchantability, wherein a product must be suitable for its normally expected use).

Potential Defenses

Keep in mind, in a defective product case, people throughout the supply chain are potential defendants. Of course, there are defenses to such litigation. Some jurisdictions allow the defendant to assert misuse by the plaintiff, wherein their injury was caused by using a product in a manner that it was not designed for, such as using a taser to light a cigar. Another defense in some jurisdictions is the “open and obvious danger” defense, when a claimant should have reasonably understood the normal dangerousness of an item, such as a butcher knife being sharp.

The Role for Legal Counsel

Because of the technical nature of product design and manufacturing processes, a products liability lawsuit can be somewhat complex. Because of the costs associated with product liability injuries and lawsuits, such as medical bills, lost wages and future earning capacity, and expert testimony fees, a person who is injured by a defective product should seek legal representation as soon as possible so as to protect their legal rights, and to get timely compensation for their injuries. Likewise, someone facing a lawsuit because of a potentially defective product they sold, designed or made should also obtain a lawyer so as to protect their rights.

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