When an injury or death is caused by an unsafe product the resulting claim is called a “Product Liability” claim. Product Liability claims can arise as the result of a defective design of a product such as with the GM pickup truck or the Ford Pinto gas tank cases. In recent years some of the more recognizable Product Liability claims involve the Chevrolet Volt and several cribs for infants
Product Liability Injuries & Defective Products
- Product recall
- Product liability claims
- Defects in manufacturing
- Product inadequate warning labels or instructions
- Handling product liability cases is complex
Firestone Tire Recall, Gas Tanks in Ford Pintos, Prescription drugs such as Phen-phen all indicate how much damage unsafe products can cause.
Although most products are safely designed and carefully manufactured, others are not and cause injury or death. Cases such as the Firestone tire recall, problems with gasoline tanks in GM pickup trucks, problems with the gas tanks in Ford Pintos, and side affects arising out of prescription drugs such as Phen-phen all indicate how much damage unsafe products can cause.
A manufacturer may know of the product safety hazards but chose to disregard them. These types of cases require expert investigation and the acquisition of documents from the manufacturer, which may show that the manufacturer knew of the hazards but chose to disregard them in an effort to increase profits. This is what occurred in the Ford Pinto case.
Defects in Manufacturing:
Injuries may also be caused by a manufacturing defect. The problem with Firestone tires is a sample of the type of case that involves defects in manufacturing. In the Firestone cases, these defects resulted in the failure of the tires causing not only injury, but death.
Product Inadequate Warning Labels or Instructions:
Product liability cases also develop where inadequate warnings or instructions to the consumers have been given. Virtually all products include some type of instructions that are supposed to guide a consumer in the proper way to use the product.
Manufacturers have a legal obligation to inform users of any hazards that may result from using the product, but cannot be avoided by the design of a product.
The law requires that product user instructions be provided regarding the safe use of a product and that appropriate warnings of any dangers associated with the use of a product are provided. If this is not done, the manufacturers, distributors, and the sellers of the product can be held liable for injuries caused by the inadequate warnings and instructions.
Handling Product Liability cases is complex, expensive, and time consuming:
Insurance companies that cover the actions of the manufacturers or distributors or sellers routinely employ attorneys who will go to great lengths to attempt to defeat a claim of a badly designed or manufactured product, especially when the market for the product’s distribution has been large. They have the funds to hire experts and to use them to blame the user of the product.
Government regulations on manufacturers that produce dangerous products don’t provide consumers with much protection and often only offer a slap on the wrist to the offenders.
The injured person needs to have experienced lawyers with the financial resources to fight the manufacturers and their insurers. Persons seriously injured by malfunctioning or badly-designed products should contact an experienced product liability attorney.
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