Consumers have a reasonable expectation that the products they spend their money on are safe for them and their families to use. Even when products don’t perform in the way that they’re expected, consumers have faith that the products will, at minimum, cause them no harm. Sadly, that’s not always the case. U.S. consumer protection laws are in place that afford safeguards against faulty, dangerous and hazardous products, but many products still make it through. When that happens, consumers have to rely on the courts to provide recourse for any damages that they experience. Our product liability attorney is adept at taking manufacturers of faulty products to task, helping to win settlements for our clients that seek to make them whole again.
In a product liability case, it’s important to note that there must be some significant harm that results from the product’s use in order for a claim to be lodged against the at-fault party. Nearly any product has a potential to become dangerous if it is defective. While there is obvious risk in defective recreational equipment or outdoor power tools, there are some products that one might not consider associate with harm unless the product arrives with a defect. For instance, the charger that you use for a tablet or notebook seems innocuous enough. However, that same charger, if it was manufactured improperly, can cause a fire in your home or shock the user, causing burns.
Defective Design, Manufacturing or Marketing
In general, product liability claims are based on three possible defects, including design, manufacturing and marketing defects. A product’s design may have made it unreasonably unsafe to use; these defects may cause the manufacturer in some instances to issue a recall. Manufacturing defects occur when there are issues during the manufacturing chain, such as the insertion of a faulty or missing part. Marketing defects occur after the product is packaged and ready to ship – when marketers go to work convincing consumers to buy the product. The most common marketing defect is when marketers fail to warn consumers of potential risks of using the product in question. For example, a new medicine is brought to market without warnings counterindicating its use in people with high blood pressure.
Complex Legal Issues
With most product liability claims, the legal issues surrounding the product are complex. A big hurdle is proving that the product is indeed faulty and that the product caused harm to the user. Sometimes this is easy—a manufacturer recalls a product on a mass scale—but this is the exception, not the rule. A recall essentially admits liability and opens the at-fault party up to litigation and responsibility to pay damages ranging from medical bills and lost wages to pain and suffering and mental anguish, depending on the nature of the claim.
Having an experienced attorney on your side is your biggest asset when you file a product liability claim. Contact our legal team to start building your case. Our Doylestown product liability attorney offers free consultation for victims of dangerous products. Schedule your case review today.