According to the Consumer Product Safety Commission, defective products cause thousands of serious injuries and deaths to consumers each and every year.

A "defective product" is one that was manufactured outside of the designated specifications and has a design defect. A product is also defective when an injury or damage is caused to a person because of a defect in its labeling or the way the product was used.

Defective products can include almost anything; the list is virtually endless. Common legal cases involving defective products include:

• food items
• vitamin supplements
• medications
• household appliances
• automobiles
• medical devices
• medical implants
• asbestos
• vehicle tires
• blood products
• gas and electric utilities

Anyone in the chain of commerce that manufactures or sells a new product can be held accountable for compensatory damages to those injured by their product's defect. If the manufacturer knew the defect could reasonably cause harm to a consumer, that manufacturer may also be held liable for punitive damages. Punitive damages are awarded, not to compensate for a particular damage, but rather to punish the defendant.

Defective products may cause damage to either your person or property. Although serious injuries like the loss of life or limb may have an obvious causal link to a defective product, some injuries or damages resulting from a defective product may not be as obvious. Occupational diseases (such as asbestosis, silicosis and brown lung), toxic shock, leukemia and other medical problems may be caused by a defective drug, medical device or chemical exposure. A motor vehicle accident may be caused by defective tires, and injuries may be enhanced by poorly designed seatbelts. Additionally, many home and commercial fires are caused by defects in heating, stove, flue and electrical products. Often these less obvious causes are overlooked.

Manufacturers have a legal responsibility to ensure that their products, when used in the intended manner, are not harmful to consumers. This responsibility also extends to the designers, wholesalers, retailers, and anyone else involved with the sale of consumer products.

Product liability laws allow a consumer to recover for damages or injuries that were caused by defective products. A product may be labeled "defective" if:

• The product was poorly made.
• The product functions perfectly but is designed in such a way that an injury occurs if it is used normally.
• The product is safe when used carefully, but it may be considered defective if the manufacturer has failed to supply information on how exactly to use it safely.

In the past, "buyers beware" was the prevailing legal notion. Current law, however, imposes strict liability on the people who make defective products. It assumes that manufacturers and sellers must take reasonable means to protect consumers. This includes providing warnings when potential hazards accompany specific products, as well as ensuring that defective or malfunctioning parts are not used in their products.

Product defect litigation can be a complicated undertaking. Claims against a manufacturer are expensive, time consuming and tedious. Additionally, these cases can be difficult to prove. First, you must prove the product was defective. Second, you must prove the defect caused your injury. And thirdly, you must show that you used the product in the manner which it was intended.

There are four legal means for establishing liability in personal injury cases where a defective product has caused injury.

• Negligence occurs when a person or entity does not provide the expected and reasonable care when it has a legal responsibility to do so.
• Breach of warranty takes place when a seller fails to uphold a claim or promise about a product.
• Misrepresentation refers to advertising claims that lead consumers to believe that a product is safer than it really is or that the risks are not brought to the attention of the buyer.
• Strict liability often holds the manufacturer or seller responsible regardless of fault or intent.

If you or a loved one has been injured by a defective product, please contact our offices today by telephoning 800-434-7970 or via e-mail.  We can review your case and determine the course of action that will assure that you are compensated for the damages that you have suffered.
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