In addition to your typical accident case, or medical malpractice case, there are situations where a person sustains serious personal injuries from the use of a dangerous product. Sometimes, it is the user of the product that is injured. Other times, it is an innocent bystander who becomes injured because of another's use of a dangerous product. These types of cases are known as Products Liability cases, and they have a set of rule all their own.

A product is defective if it is determined to be not reasonably safe as of the time it leaves the sellers hands. The seller or manufacturer will be held responsible for a defective product if the product was being used in the manner intended as well as in an unintended but reasonably foreseeable manner.  For example,  it is well known that a flat head screwdriver is used to open a paint can. Accordingly, a manufacturer is required to build a flat head screwdriver sufficiently strong enough to withstand this unintended, but foreseeable use.

If a product is defective, the defect is typically classified in one of three ways – a design defect, a manufacturing defect, or because the product failed to warn of a hidden danger or misuse. A design defect is present where the utility of the product did not outweigh the risk it posed to the public. A manufacturing defect is present when something goes wrong in the manufacturing process, such as when a car is built without an important bolt or screw. Finally, a failure to warn is present when the product failed to warn the user of a hidden danger. For example, a product that had a hidden blade should have a label or sticker warning of this danger.

There are various defenses available to a manufacturer or seller of a product. Typically, the seller claims the product was modified by the removal of a safety device after the product was sold. A products liability case can be very complex. For this reason, you should consult with a lawyer who is trained in this area of law.