Defective Products

Generally speaking, if a product proves to be unreasonably dangerous or is not packaged and/or sold with adequate labels and instructions or sufficient warnings for proper use, it is considered defective.

There are four key reasons why a product may be classified as defective:

• It has basic design flaws;
• It has manufacturing or production defects;
• There is inadequate testing performed on the product prior to mass production;
• Marketing materials, such as instructions and labels, are incomplete or difficult to understand.

When a defective product causes an injury or death, victims can file product liability lawsuits. Nearly all products—including foods, drugs, appliances, tools, automobiles, children’s toys and furnishings, medical devices, tobacco, and commercial jets, among others—are subject to product liability law. Depending on the product, these lawsuits are typically filed against manufacturers, wholesalers, distributors, assemblers, testing laboratories, and/or retailers.

Statistics You Should Know:

According to the U.S. Consumer Product Safety Commission:

• Unintentional injuries are now the fifth leading cause of death in the United States and the leading cause of death among Americans between the ages of 1 and 35.
• Defective consumer products cause more than 32.7 million injuries and an average of 23,900 fatalities each year.
• Product-related injuries and deaths cost Americans more than $700 billion each year.
• In the year 2002, there were approximately 212,000 emergency room visits due to defective toys.

Understanding the Law

In successful personal injury lawsuits in which a defective product is proven to be responsible for injury or death, compensation may be awarded for medical expenses, lost wages and earnings, property damage, and pain and suffering.

It is, however, the victim’s responsibility to establish accountability by proving that the defendant was negligent, breached the warranty, and/or misrepresented the product.

If the victim can also demonstrate that the product was defective and that the defect resulted in injury, then a legal concept known as “strict liability” holds the manufacturer or seller accountable.

While product liability statutes of limitations exist nationwide, the time period in which victims can file a claim varies from state to state.

It is important to note that product liability laws may not protect consumers who do not use products as intended.

Have You or a Family Member Been Injured by a Defective Product?

There are eight important steps that you must take if you or a family member has suffered an injury that was caused by a defective product:

1. Keep all purchase receipts. 
2. Provide as much information about the product—including the name of the manufacturer, model and serial numbers, and place and date of purchase—as possible.
3. Produce all documents, warranties, manuals, and packaging for the product, if available.
4. Keep the defective product and all damaged/broken parts as evidence.
5. Seek immediate medical treatment. Retain copies of all healthcare records and bills associated with the injury.
6. Take photographs of each injury and the location where the injury occurred.
7. Obtain contact information for all witnesses.
8. Contact an attorney with experience in product liability law.

Why You Need a Personal Injury Attorney

Not only are product liability lawsuits complex, time consuming, and costly, they often involve major manufacturers or corporations that have seemingly limitless financial resources to fight defective product claims. Consequently, a skilled attorney with product liability expertise is needed to evaluate evidence, obtain appropriate experts for testimony, prepare a strong defense, and prove that the defective product caused the injury or fatality. Only then can appropriate parties be held accountable and compensation be awarded.

To find a personal injury attorney in your community who specializes in product liability law, please enter your city name in the grey search box at the top of this page.

THIS IS NOT LEGAL ADVICE - PLEASE CONSULT WITH AN ATTORNEY REGARDING YOUR SPECIFIC CASE