Manufacturers of consumer products have a duty to make their products reasonably safe for their intended uses
Manufacturers of consumer products have a duty to make their products reasonably safe for their intended uses, as well as foreseeable misuses, and to warn of any hazards associated with the products. When producers fail in their duty, they are strictly liable for the harm that results when those products cause personal injury or wrongful death. Strict liability means a victim only has to prove the product was unsafe, not that the defendant corporation was negligent because it could have made the product safer.
Product defects fall into three main categories:
Some products are designed in an unsafe manner. Examples include a faulty formulation of a drug or a device that lacks a necessary safeguard. One deadly instance of a fatal design flaw was the Ford Pinto, whose gas tank was outside the steel body of the car and easily punctured by a rear end collision.
In some cases, a product’s design is safe, but a defect is introduced at the manufacturing stage. This could be due to use of substandard materials or a faulty process. The recent recall of Takata airbags shows how deliberate use of shoddy materials turns a safety device into a potentially deadly hazard.
When a product is inherently dangerous, but can be used safely with caution, the seller has to alert consumers to the dangers. Missing or inadequate labeling exposes the seller to liability. One example is when the label on a drug fails to warn of possible side effects or harmful interactions with other medications.
Your injury is not enough to collect damages. You must prove the product contained a defect that caused the harm. This requires experienced and knowledgeable legal representation.