In addition to your typical accident or medical malpractice cases, in some situations, using a dangerous product can result in serious personal injury in some situations. Sometimes, 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 Product Liability cases, and they have a set of rules all their own.

Definition of product liability

A product is defective if it is determined to be not reasonably safe as of the time it leaves the seller's hands. The seller or manufacturer is 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, a flat head screwdriver is often used to open a paint can. Accordingly, a manufacturer is required to build a flat head screwdriver strong enough to withstand this unintended, but foreseeable use.

Product Liability cases

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.

Manufacturers and sellers of products use various defenses. Typically, the seller claims the product was modified by the removal of a safety device after the product was sold. A product liability case can be very complex. For this reason, you should consult with us—lawyers who are experienced in this area of law.