Every year thousands of consumers are injured or killed as a result of using products that have been defectively designed or manufactured or because the products have inadequate warnings of the dangers they pose to the consumer. The law provides a special rule called strict liability for claims against the manufacturers of such defective products. This rule allows the injured consumer to recover against the manufacturer of defective products without having to prove that the manufacturer was negligent in the design or manufacture of such a product. All the consumer has to do is prove that the product was sold in a defective condition that made it unreasonably dangerous to the user of the product. The injured consumer may be entitled to recover for his medical expenses, disability, pain, suffering and mental anguish. In certain situations punitive damages may be available.

Design flaws or defects: A product may be found to be unreasonably dangerous because of a defect in the product’s design. This means that even if the product is properly made, its design renders it so dangerous that strict liability for any injuries caused by its sale should be imposed on the manufacturer. In such situations, courts usually must employ a so-called "balancing test" to determine if the design is indeed unreasonably dangerous. This test "balances" the utility of the product against the danger it poses to the public. Usually, the plaintiff will have to offer proof that there was a feasible, safer, alternative design that the manufacturer could have used which would have prevented the injury.

Manufacturing flaw or defect: Even if the product is safely designed it may have been marketed with a flaw or defect which occurred in the manufacturing process that renders the product unreasonably dangerous for the consumer. This means that the product was not manufactured as designed. To recover, the consumer must prove that the defect was caused in the manufacture of the product and existed when it left the manufacturer.

Inadequate warnings: A product can also be rendered unreasonably dangerous for the consumer if the manufacturer does not provide the consumer with adequate instructions on safe use and adequate warnings as to dangers the product can present when the consumer is operating or maintaining the product.

What to do if you have been injured by a defective product: If you feel that you or a loved one has been injured by a defective product, there are certain things you should do to protect your rights. First, try to preserve the product so that an expert can analyze it to determine if it was defectively manufactured or designed. Without the product it will be very difficult to sue successfully. If you do not have control of the product, contact an attorney who can help you obtain it or at least secure it. Second, obtain pictures of everything. Third, gather the names and addresses of all witnesses to the incident. Fourth, write down in a letter to your attorney everything you remember about the incident. It would be best to contact an attorney for advice and assistance as soon as you believe you have a claim for a defective product. Remember to protect your rights since there are time limitations associated with bringing a products liability action against a manufacturer.

If you have further questions about product liability issues, please feel free to contact us.

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