Consumers face many dangers from the products they use. Airbag inflators, herbicides, and prescription drugs are just a few products that have made headlines in recent years for injuring or killing some of the people who purchased them.
Product liability claims are intended to compensate consumers for injuries arising from defective products. Here’s what to know.
What Makes a Product Defective?
Product liability law allows injured consumers to pursue legal claims against the business entities responsible for their injuries.
In early cases, judges found that consumers could invoke contract law and negligence to pursue compensation for injuries resulting from product use. Thus, a product could be defective if it breached its warranty or the manufacturer failed to exercise reasonable care in making and selling it.
With the rise of mass production, however, judges and legal scholars developed a new theory for holding manufacturers liable for injuries their products cause. Under the principle of strict liability, an injured consumer must only prove that a product was defective and that the defect caused their injury.
Defects fall into three general categories:
- Design defects inherent in the product
- Manufacturing defects introduced in the factory
- Defects in the warnings or instructions provided with the product
Importantly, a product liability lawyer doesn’t need to prove that the manufacturer knew about the defect — manufacturers are liable for defects even if they didn’t intend for a product to contain them.
Industries With the Most Product Liability Claims
The same laws and procedures apply to all product liability claims regardless of industry. However, some products occasion more claims and lawsuits than others. The following industries are the subjects of the most product liability claims:
Automobiles
Vehicles are complex machines integrating mechanical, electrical, and software systems. As such, a manufacturer could face thousands of claims from a single defect.
The largest automotive recall ever conducted involved defective airbag inflators. The propellants used to inflate certain airbags could degrade over time and trigger an explosive deployment. These faulty airbags caused 27 deaths and more than 400 injuries in the U.S.
Pharmaceutical and Medical Devices
Pharmaceutical and medical device manufacturers must take extra caution when producing their products because they’re typically used inside the body over a long period. When these products contain toxic substances, wear out, or produce unintended side effects, manufacturers can face tens of thousands of product liability claims.
For example, silicone breast implants sparked one of the largest product liability lawsuits in history. Health issues stemming from these products led to over 20,000 lawsuits and a class action settlement of over $4 billion.
Consumer Electronics and Appliances
The consumer electronics industry faces two pressures that can lead to a high volume of product liability cases.
First, companies must rush development to be the first to market. Second, many use overseas factories with lower safety standards. As a result, products can reach millions of consumers without undergoing a rigorous safety review.
A prime example of the issues characteristic of consumer electronics involves lithium-ion batteries. These devices can overheat, triggering explosions or fires that can injure or kill consumers.
Children’s Toys and Products
Children’s toys and products are often involved in product liability claims because of their users.
Infants and toddlers are prone to choking. They’re also less able to withstand injuries or rescue themselves when, for example, they get stuck in certain structures or get tangled in bedding. Additionally, children’s toys can be misused despite the warnings and instructions provided to parents.
When manufacturers fail to anticipate mishaps involving their products, they can be held liable for the resulting injuries.
Industrial and Construction Equipment
Tools and heavy equipment can be plagued by many of the same issues as vehicles, and a single defect could affect hundreds of workers and bystanders. For example, a crane collapse could cause millions of dollars in damage and injure or kill dozens of people.
These machines must stand up to rigorous use (and occasional misuse). When they malfunction, victims and their families can pursue product liability claims against the manufacturers.
Who Can Be Held Liable in a Product Liability Case?
One notable drawback of contract or negligence laws in product liability cases was the requirement to prove which party in the supply chain was liable. This limitation doesn’t apply to strict liability cases.
In a strict liability claim, the injury victim can pursue a claim against any party in the supply chain, from the manufacturer to the retailer. Those parties can then sort out liability between them.
How a Lawyer Can Help if You’ve Been Harmed by a Defective Product
Product liability attorneys understand the formal procedures for pursuing legal claims. They have the resources to stand up to billion-dollar multinational corporations like auto manufacturers and pharmaceutical companies.
Reputable lawyers also have access to expert witnesses who can analyze products, identify defects, and testify in court. These experts frequently provide key testimony for winning product liability cases.
FAQ
Can I File a Product Liability Case if I Wasn’t Injured?
Product liability only applies to injuries or deaths. If you avoided injuries and want a refund, you’ll need to follow a different process, such as a warranty claim.
What Happens When a Product Kills Someone?
Product manufacturers can be held liable for fatal injuries in wrongful death cases. In Ohio, these claims must be brought by the representative of the deceased’s estate.
Is a Product Liability Case the Same as a Class Action Lawsuit?
A class action lawsuit allows multiple victims to file a lawsuit together. While many product liability cases are class actions, this arrangement can be used for other cases as well.
Contact The Moore Law Firm to Discuss Your Product Liability Claim
Victims deserve compensation for injuries caused by defective products, no matter who produced them. Contact us today to learn how we can help you stand up to companies and pursue fair compensation.
If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.