According to the Consumer Product Safety Administration, 28,000 Americans die and 33,000 more are injured as a result of faulty consumer products.
While it was once the responsibility of whoever purchased the product to ensure its safety, that is no longer the case. Today, manufacturers must guarantee the safety of their products and the safety of the consumers who use them.
Defective products can range from heavy manufacturing machinery to simple children’s toys. Regardless of the product type, injury may occur as a result of manufacturing defects, design defects, or failure to give consumers warnings about potential dangers.
Defective products can cause serious injuries and you should know that you do have legal options.
If you have been injured by a defective product, please contact the attorneys at Timberlake, League, and Brooks to set up a FREE consultation and discuss your legal options.
Frequently Asked Questions
1. What is product liability, and who can be held responsible for defective products?
Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries caused by defective products. These defects can stem from design flaws, manufacturing errors, or inadequate warnings/instructions (known as marketing defects). If you were injured by a faulty product, you might be able to hold one or more of these parties accountable, depending on where the defect occurred in the supply chain.
2. What are the different types of product defects?
There are three main types of product defects that can lead to a product liability claim:
- Design Defects: Flaws in the product’s design make it inherently unsafe, even when manufactured correctly and used as intended.
- Manufacturing Defects: These occur when a product is improperly made or assembled, resulting in a defective version of an otherwise safe design.
- Marketing Defects: Also called failure to warn, these refer to insufficient instructions, warnings, or labels that fail to inform users of potential risks when the product is used as intended or in a foreseeable way.
3. How can I prove that a defective product caused my injuries?
To prove a product defect, you’ll need to demonstrate the following:
- The product was defective when it left the manufacturer or seller.
- You were using the product as intended or in a foreseeable way when the injury occurred.
- The defect directly caused your injury.
This often requires evidence such as the defective product itself, documentation of the injury, expert testimony, and the product’s warning labels or instructions.
4. Is there a time limit to file a product liability claim?
Yes, product liability claims are subject to strict time limits, known as the statute of limitations, which vary by state. These timeframes generally begin from the date of injury or from when you reasonably discovered the injury was linked to the product. Missing this window could limit your ability to pursue legal recourse, so it’s vital to act quickly. Consulting an attorney as soon as possible will ensure you stay within these time limits.
