Product Liability Law Overview
Product liability law is a subset of injury law that dictates who is held responsible and how people are entitled to compensation from adverse interactions with manufactured products. The strict product liability laws in the U.S. are distinct from ordinary injury law and can make it easier for people to recover damages.
The Three Categories of Product Liability Claims
All product liability claims fall into at least one of the following categories. In each category, there are distinctions as to which manner the product failed to be safe and effective.
- Design Defects – Design defects are issues present in any product that result in harm due to the nature of the way the product was planned and/or designed to function. Design defects can, for example, be a common explanation for the issues present in many drugs on the market.
When arguing a product liability lawsuit based on a design defect, it is very common for expert witnesses to be required, as they will be able to testify to the ways that the product design was flawed.
It is not necessary for every person who has used the product to be harmed for this claim to apply; however, the design issues present will always be universal in that they may cause harm to anyone who uses the product. It is for this reason that defective design is the basis for many class-action lawsuits.
- Manufacturing Defects – In some instances, products that have been safely designed are damaged or made unsafe at some point during the manufacturing process. This is often the case for any kind of product recall.
Examples of manufacturing defects may include children’s toys that are found to contain harmful products, or food that has been processed in a way that exposes it to harmful bacterias or organisms that make it unsafe to eat.
It is not uncommon for these cases to gain traction or recognition only after many people have been harmed. This is because manufacturing errors may not affect every product in the manufacturing process, and those defective products may not harm everyone who uses them.
- Marketing Defects – Marketing defects often occur when there are improper (or a lack of any) warnings to the proper use or the dangers of a particular product. This is common in situations where there may be a danger, not obvious to the average consumer, that the product can present in a setting outside of its intended use.
If you think that you or a loved one may have been harmed by the use of a product through no fault of your own, you may be entitled to a product liability settlement. Consider speaking to an attorney to find out if you may have a case.
What do I need to prove a product liability case?
While every case will require different forms of evidence unique to each product and its manner of defectiveness, there are three main things that you must establish in order to have a valid claim.
You will initially need to prove that there was some defect in the way the product was designed, manufactured, or marketed. You will then need to prove that the manufacturer knew about the defect, or that they should have been aware of the defect in order to address it. Finally, you will need to prove that you have suffered tangible harm or injury through the use of the product. There is no situation in which two of these three factors will be considered sufficient cause for a product liability claim.
Unsafe Products and Equipment
Have you been injured by an unsafe household product, tool or machine? Is there an injury due to a defective automobile, recalled hip implant, or other malfunctioning equipment? Have you been injured due to a defective drug such as the following:
- Trasylol
- Accutane
- Paxil
- Prozac
- Zyban
- Wellbutrin
- Avandia
- Meridia
- Risperdal
- Reglan
Smolen Law
Our attorneys have over 70 years of combined experience and will work to secure a product liability settlement or lawsuit that will meet your unique needs. To prosecute cases like these, the attorney must have an intricate understanding and appreciation for federal safety regulations, state rules, and other industry standards that apply to the particular product. Our firm takes pride in going head-to-head with Corporate America in product-liability litigation. We won’t let big business place profits ahead of safety.
Contact Smolen Law to schedule a free case assessment. We have the experience and know-how to win defective-product cases. We will explain your legal rights and guide you through every step of the process. There are no costs or fees to pay until we collect for you.
