Product liability laws hold many types of companies accountable for damages caused by defective products. Understanding this legal concept is important. Essentially, product liability laws make sure there is some accountability for harmful products that are put out to the public.
What is product liability?
Product liability laws ensure manufacturers and sellers are responsible for the safety and quality of their products.
These companies have a legal obligation to guarantee their products meet safety standards. They also have to guarantee that the products do not pose unnecessary risks to you and other consumers.
When a product they produce or sell is found to be defective and causes harm or injury, they can face legal action.
Likewise, these laws are important because they lay the legal foundation for consumers to seek compensation for injuries, damages, or losses caused by defects.
Types of Product Defects
There are three types of product defects: design, manufacturing, and marketing.
Design Defects
With design defects, the product does not operate or malfunctions because the parts were not arranged properly.
Example of Design Defect: The Remington Rifle model 700 and 710 had a firing pin that could fire the rifle with only a nudge of the safety latch. This defect caused a Texas man to accidentally shoot himself in the foot.
Manufacturing Defects
A manufacturing defect occurs when the product is not made according to instructions.
Example of Manufacturing Defect: Installing electric circuitry backward or attaching parts of a product together incorrectly are types of manufacturing defects.
Marketing Defects
Marketing defects encompass improper labeling, insufficient instruction, and inadequate warnings.
Example of Marketing Defect: A pack of cigarettes that does not include information about the health risks associated with smoking is an inadequate warning marketing defect.
Common Types of Defective Products
In Alabama, as well as in all other states in the U.S., a range of products can carry defects. If you recognize various defect types, you hold the key to taking precautions and seeking legal assistance for rightful compensation. Here are eight common types of defective products:
- Automobiles – Defective vehicles with issues like faulty airbags, braking systems, or steering mechanisms can be risky for drivers and passengers.
- Auto parts – Defective components such as faulty tires, airbags, ignition switches, or fuel systems can lead to accidents and injuries on roads.
- Children’s toys – Toys with small parts or that have been improperly labeled can cause injury or death.
- Electronics – Defective batteries, smartphones, laptops, and other electronic devices can cause fire and explosions.
- Household appliances – Malfunctioning appliances like ovens, microwaves, or washing machines can lead to fires, property damage, and personal injuries.
- Medical devices – Faulty pacemakers, defective prosthetic devices, or surgical instruments pose serious health risks to patients.
- Over-the-counter drugs – Manufacturing defects or the mislabeling of nonprescription drugs like pain relievers, antacids, or cold medications can cause harm.
- Prescription drugs – Medications that cause unexpected side effects or harm due to the wrong formulation or a lack of label warnings should be a concern for anyone using prescription drugs.
To report an unsafe product and to view all recalls and unsafe products, visit the U. S. Consumer Product Safety Commission website.
Who’s responsible in a product defect case?
Any company or organization involved in the product’s distribution can potentially be held liable, including:
- The maker of the products’ parts
- The manufacturer of the product
- The wholesaler
- The installer or assembler
- Retail outlets selling the product
Anyone injured due to a defective product can claim compensation for financial loss, medical costs, and pain and suffering. However, an injury caused by a product does not guarantee you will win your court case.
Companies can and will defend themselves by attempting to prove the injured party used the product incorrectly and was fully aware of its hazards.
Therefore, it is important to speak with an attorney who is knowledgeable in product liability. The attorney will use available resources and expertise to protect your rights under the law.
How to Prove Your Product Liability Claim
If you or a loved one have been injured due to a defective product, there are three things you must prove.
The product was used according to design and not for other purposes.
Let’s assume you have purchased a lawnmower with a safety guard. If the mower is designed to be used with the safety guard, but you later remove it, that would not be considered a product defect because you changed the way it was designed to be used.
The product was defective.
If you did not change the lawnmower in any way, and it is being used according to the manual, but the safety guard comes loose and falls off while mowing, it could be deemed defective.
You were hurt, and the injury was caused specifically by the product defect.
If the safety guard loosens and is the cause of your injury, then the manufacturer can be held responsible.
Hiring a Product Liability Lawyer
Seeking legal assistance is of utmost importance for consumers affected by defective products.
A lawyer who specializes in defective product cases can help navigate the complicated legal process. They will assess your case, gather evidence, negotiate with manufacturers and any responsible parties, and, if necessary, represent your interest in court.
The expertise provided by a lawyer is vital when you are seeking compensation for injuries and damages caused to you and loved ones by defective products.
Prioritize consumer protection and make responsible parties answer for your injuries. If you have fallen victim to a defective product, please get in touch with the lawyers at Timberlake & League. Your safety and rights matter.
