Products Liability

Injuries from defective products should not be ignored.

You have a right to know that the products you purchase and use on a daily basis are not manufactured or designed in a defective fashion.

If you were injured from a defect in a product, you may have a right to compensation.

What is Products Liability?

Products liability is an area of law that holds manufacturers, distributors, suppliers, and retailers responsible for the injuries caused by products they provide to the public.

In order for you, as an injured party, to win a product liability lawsuit, you must prove that the product that injured you was defective and the cause of your injury.

Three Types of Defects

There are three kinds of defects:

  • Manufacturing defects
  • Design defects
  • Warning defects

Manufacturing Defects

A manufacturing defect is a defect that results in a products failure to meet its own specifications.

The classic example of a manufacturing defect is a ladder that is supposed to be able to support 200 pounds of weight, but instead only supports 100.

Due to this manufacturing defect, the ladder breaks and a 150 pound person who is properly using the ladder is subsequently injured due to a breakage in the defective ladder.

Design Defects

A design defect is a defect that results when a seller or distributor fails to take reasonable steps to make a product safe. This includes failing to implement certain alternative designs that would make the product safer.

For instance, if a band saw is not designed with a guard and it would have been reasonable to include one, this would likely be a design defect. Anytime a product could have been designed in an obviously safe way but was not, it will almost certainly contain a design defect.

Warning Defects

A warning defect, also known as a marketing defect, is a defect that results from a failure to warn the product user of a harm or danger that could likely arise from using the product.

For example, a lawnmower that does not contain a warning (either directly on the mower or in an accompanying manual) of the potential dangers of using it will be considered defective due to a failure to warn.

Injuries Arising From Defective Products

If you have been injured as a result of any of these three types of defects, you may have a products liability claim against the maker, seller, or provider of that product.

Remember, you can recover damages from anyone in the chain of control as long as they were partly responsible for its defective state.

This means that if you were hurt by a product that was defective, you have the ability to sue all of the parties involved in the making and transference of the product such as the store that sold it to you, the company that distributed it, and its manufacturer.

Who Should You Contact?

If you were injured by a defective product, make sure to call an experienced products liability attorney like Adam H. Rosenblum of The Rosenblum Law Firm. His team of attorneys will go to work to ensure that you get the compensation you deserve. Call 973-594-6552 today.